Adopted on: ۹ Nov ۱۹۹۰
Adopted by: Act No. ۲۰۴۷٫ issued ۱۹۹۰
Constitution of the Kingdom of Nepal
Preamble
Whereas٫ We are convinced that the source of sovereign authority of the
independent and sovereign Nepal is inherent in the people٫ and٫ therefore٫ We
have٫ from time to time٫ made known our desire to conduct the government of the
country in consonance with the popular will; and Whereas٫ in keeping with
the desire of the Nepalese people expressed through the recent people”s
movement to bring about constitutional changes٫ we are further inspired by the
objectttive of securing to the Nepalese people social٫ political and economic
justice long into the future; and
Whereas٫ it is expedient to promulgate and enforce this Constitution٫ made with
the widest possible participation of the Nepalese people٫ to guarantee basic
human rights to every citizen of Nepal; and also to consolidate Adult
Franchise٫ the Parliamentary System of Government٫ Constitutional Monarchy and
the System of Multi Party Democracy by promoting amongst the people of Nepal
the spirit of fraternity and the bond of unity on the basis of liberty and
equality; and also to establish an independent and competent system of
justice with a view to transforming the concept of the Rule of Law into a
living reality: Now٫ Therefore٫ keeping in view the desire of the people that
the State authority and sovereign powers shall٫ after the commencement of this
Constitution٫ be exercised in accordance with the provisions of this
Constitution٫ I٫ King Birendra Bir Bikram Shah Deva٫ by virtue of the State
authority as exercised by Us٫ do hereby promulgate and enforce this
Constitution of the Kingdom of Nepal on the recommendation and advice٫ and with
the consent of the Council of Ministers.
Part ۱ Preliminary
Article ۱ Constitution as the Fundamental Law
(۱) This Constitution is the fundamental law of Nepal and all laws inconsistent
with it shall٫ to the extent of such inconsistency٫ be void.
(۲) It shall be the duty of every person to uphold the provisions of this
Constitution.
Article ۲ The Nation
havinggg common aspirations and united by a bond of allegiance to national
independence and integrity of Nepal٫ the Nepalese people irrespective of
religion٫ race٫ caste or tribe٫ collectively constitute the nation.
Article ۳ The Sovereignty
The sovereignty of Nepal is vested in the Nepalese people and shall be
exercised in accordance with the provisions of this Constitution.
Article ۴ The Kingdom
(۱) Nepal is a multiethnic٫ multilingual٫ democratic٫
independent٫ indivisible٫ sovereign٫ Hindu and Constitutional Monarchical
Kingdom.
(۲) The territory of Nepal shall comprise:
(a) the territory existing at the commencement of this Constitution; and
(b) such other territory as may be acquired after the commencement of this
Constitution.
Article ۵ National Flag
The national flag of Nepal٫ as handed down by tradition٫ consists of two
juxtaposed triangular figures with a crimson-coloured base and deep blue
borders٫ there being a white emblem of the crescent moon with eight rays
visible out of sixteen in the upper part and a white emblem of a twelve rayed
sun in the lower part. The method of drawing out the flag and other particulars
relating thereto shall be as set forth in Schedule ۱.
Article ۶ Language of the Nation
(۱) The Nepali language in the Devanagari scripttt is the language of the
nation of Nepal. The Nepali language shall be the official language.
(۲) All the languages spoken as the mother tongue in the various parts of Nepal
are the national languages of Nepal.
Article ۷ National Anthem etc.
(۱) The national anthem of Nepal shall be as provided in Schedule ۲.
(۲) The Rhododendron Arboreum shall be the national flower٫ Crimson Colour
shall be the national colour٫ the Cow shall be the national animal and the
Lophophorus shall be the national bird of Nepal.
(۳) The coat-of-arms of Nepal shall be as set forth in Schedule ۳. The
coat-of-arms may be enlarged or reduced as required٫ and such colour shall be
used therein as specified by His Majesty”s Government.
Part ۲ Citizenship
Article ۸ Citizenship at the commencement of the Constitution
At the commencement of this Constitution٫ the following persons who have their
domicile in Nepal shall be deemed to be citizens of Nepal:
(a) any person who is a citizen of Nepal by virtue of Article ۷ of the
Constitution of Nepal (۱۹۶۲) or section ۳ of the Nepal Citizenship Act٫ ۱۹۶۴.
(b) any person who has acquired naturalised citizenship of Nepal by virtue of
section ۶ of the Nepal Citizenship Act٫ ۱۹۶۴.
Article ۹ Acquisition and Termination of Citizenship after the Commencement of
the Constitution
(۱) A person who is born after the commencement of this Constitution and whose
father is a citizen of Nepal at the birth of the child shall be a citizen of
Nepal by descent.
(۲) Every child who is found within the Kingdom of Nepal and the whereabouts of
whose parents are not known shall٫ until the father of the child is traced٫ be
deemed to be a citizen of Nepal by descent.
(۳) Whenever any territory is acquired by way of incorporation into the Kingdom
of Nepal٫ every person havinggg his domicile within such territory shall
become a citizen of Nepal٫ subject to the provisions of existing laws.
(۴) After the commencement of this Constitution٫ the acquisition of citizenship
of Nepal by a foreigner may be regulated by law which may٫ inter alia٫ require
the fulfillment of the following conditions:
(a) that he can speak and write the language of the nation of Nepal;
(b) that he is engaged in any occupation in Nepal;
(c) that he has renounced his citizenship of another country; and
(d) that he has resided in Nepal for at least fifteen years.
(۵) Notwithstanding anything contained in clause (۴)٫ a woman of foreign
nationality who has a matrimonial relationship with a Nepalese citizen and who
has initiated proceedings for renunciation of her foreign citizenship٫ and any
other person٫ who٫ has renounced the citizenship of Nepal had gone to a foreign
country but who has renounced his foreign citizenship٫ may acquire the
citizenship of Nepal.
(۶) Notwithstanding anything contained in sub-clauses (b) and (d) of clause (۴)
٫ the son or daughter or descendant of a citizen of Nepal and who has resided
in Nepal for a period of at least two years may acquire the citizenship of
Nepal on such terms and conditions as may be prescribed by law.
Provided that this clause shall not be applicable in the case of descendants of
naturalized citizens.
(۷) The termination of the citizenship of Nepal shall be as determined by law.
Article ۱۰ Conferment of Honorary Citizenship
Notwithstanding anything contained in Article ۹٫ honorary citizenship may be
granted to an internationally renowned person.
Part ۳ Fundamental Rights
Article ۱۱ Right to Equality
(۱) All citizens shall be equal before the law. No person shall be denied the
equal protection of the laws.
(۲) No discrimination shall be made against any citizen in the application of
general laws on grounds of religion (dharma)٫ race (varya)٫ sex (li_ga)٫ caste
(jât)٫ tribe (jâti) or ideological conviction (vaicârik) or any of these.
(۳) The State shall not discriminate among citizens on grounds of religion٫
race٫ sex٫ caste٫ tribe٫ or ideological conviction or any of these. Provided
that special provisions may be made by law for the protection and advancement
of the interests of women٫ children٫ the aged or those who are physically or
mentally incapacitated or those who belong to a class which is economically٫
socially or educationally backward.
(۴) No person shall٫ on the basis of caste٫ be discriminated against as
untouchable٫ be denied access to any public place٫ or be deprived of the use of
public utilities. Any contravention of this provision shall be punishable by
law.
(۵) No discrimination in regard to remuneration shall be made between men and
women for the same work.
Article ۱۲ Right to Freedom
(۱) No person shall be deprived of his personal liberty save in accordance with
law٫ and no law shall be made which provides for capital punishment.
(۲) All citizens shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms;
(c) freedom to form unionnns and associations;
(d) freedom to move throughout the Kingdom and reside in any part thereof;
and
(e) freedom to practise any profession٫ or to carry on any occupation٫
industry٫ or trade.
Provided that –
(۱) nothing in sub-clause (a) shall be deemed to prevent the making of laws to
impose reasonable restrictions on any act which may undermine the sovereignty
and integrity of the Kingdom of Nepal٫ or which may jeopardize the harmonious
relations subsisting among the peoples of various castes٫ tribes
or communities٫ or on any act of sedition٫ defamation٫ contempt of court or
incitement to an offence; or on any act which may be contrary to decent
public behaviour or morality;
(۲) nothing in sub-clause (b) shall be deemed to prevent the making of laws to
impose reasonable restrictions on any act which may undermine the sovereignty٫
integrity or law and order situation of the Kingdom of Nepal;
(۳) nothing in sub-clause (c) shall be deemed to prevent the making of laws to
impose reasonable restrictions on any act which may undermine the sovereignty
and integrity of the Kingdom of Nepal٫ which may jeopardize the harmonious
relations subsisting among the peoples of various castes٫ tribes or
communities٫ which may instigate violence٫ or which may be contrary to public
morality;
(۴) nothing in sub-clause (d) shall be deemed to prevent the making of laws
which are in the interest of the general public٫ or which are made to impose
reasonable restrictions on any act which may jeopardize the harmonious
relations subsisting among the peoples of various castes٫ tribes or
communities;
(۵) nothing in sub-clause (e) shall be deemed to prevent the making of laws to
impose restriction on any act which may be contrary to public health or
morality٫ to confer on the State the exclusive right to undertake specified
industries٫ businesses or services; or to impose any condition or
qualification for carrying on any industry٫ trade٫ profession or occupation.
Article ۱۳ Press and Publication Right
(۱) No news item٫ article or any other reading material shall be censored.
Provided that nothing shall prevent the making of laws to impose reasonable
restrictions on any act which may undermine the sovereignty and integrity of
the Kingdom of Nepal٫ or which may jeopardize the harmonious relations
subsisting among the peoples of various castes٫ tribes or communities; or on
any act of sedition٫ defamation٫ contempt of court or incitement to an offence;
or on any act against which may be contrary to decent public behaviour or
morality.
(۲) No press shall be closed or seized for printing any news item٫ article or
other reading material.
(۳) The registration of a newspaper or periodical shall not be canceled merely
for publishing any news item٫ article or other reading material.
Article ۱۴ Right Regarding Criminal Justice
(۱) No person shall be punished for an act which was not punishable by law when
the act was committed٫ nor shall any person be subjected to a punishment
greater than that prescribed by the law in force at the time of the commission
of the offence.
(۲) No person shall be prosecuted or punished for the same offence in a court
of law more than once.
(۳) No person accused of any offence shall be compelled to be a witness against
himself.
(۴) No person who is detained during investigation or for trial or for any
other reason shall be subjected to physical or mental torture٫ nor shall be
given any cruel٫ inhuman or degrading treatment. Any person so treated shall be
compensated in a manner as determined by law.
(۵) No person who is arrested shall be detained in custody without being
informed٫ as soon as may be٫ of the grounds for such arrest٫ nor shall be
denied the right to consult and be defended by a legal practitioner of his
choice.
Explanation: For the purpose of this clause٫ the words “legal practitioner”
shall mean any person who is authorised by law to represent any person in any
court.
(۶) Every person who is arrested and detained in custody shall be produced
before a judicial authority within a period of twenty-four hours after such
arrest٫ excluding the time
necessary for the journey from the place of arrest to such authority٫ and no
such person shall be detained in custody beyond the said period except on the
order of such authority.
(۷) Nothing in clauses (۵) and (۶) shall apply to a citizen of an enemy state٫
and nothing in clause (۶) shall apply to any person who is arrested or detained
under any law providing for preventive detention.
Article ۱۵ Right against Preventive Detention
(۱) No person shall be held under preventive detention unless there is a
sufficient ground of existence of an immediate threat to the sovereignty٫
integrity or law and order situation of the Kingdom of Nepal.
(۲) Any person held under preventive detention shall٫ if his detention was
contrary to law or in bad faith٫ have the right to be compensated in a manner
as prescribed by law.
Article ۱۶ Right to Information
Every citizen shall have the right to demand and receive information on any
matter of public importance;
Provided that nothing in this Article shall compel any person to provide
information on any matter about which secrecy is to be maintained by law.
Article ۱۷ Right to Property
(۱) All citizens shall٫ subject to the existing laws٫ have the right to
acquire٫ own٫ sell and otherwise dispose of٫ property.
(۲) The State shall not٫ except in the public interest٫ requisition٫ acquire or
createee any encumbrance on٫ the property of any person.
(۳) The basis of compensation and procedure for giving compensation for any
property requisitioned٫ acquired or encumbered by the State for in the public
interest٫ shall be as prescribed by law.
Article ۱۸ Cultural and Educational Right
(۱) Each community residing within the Kingdom of Nepal shall have the right to
preserve and promote its language٫ scripttt and culture.
(۲) Each community shall have the right to operate schools up to the primary
level in its own mother tongue for imparting education to its children.
Article ۱۹ Right to Religion
(۱) Every person shall have the freedom to profess and practise his own
religion as handed down to him from ancient times havinggg due regard to
traditional practices; provided that no person shall be entitled to convert
another person from one religion to another.
(۲) Every religious denomination shall have the right to maintain its
independent existence and for this purpose to manage and protect its religious
places and trusts.
Article ۲۰ Right against Exploitation
(۱) Traffic in human beings٫ slavery٫ serfdom or forced labour in any form is
prohibited. Any contravention of this provision shall be punishable by law;
Provided that nothing herein shall be a bar to providing by law for compulsory
service for public purposes.
(۲) No minor shall be employed in work in any factory or mine٫ or be engaged in
any other hazardous work.
Article ۲۱ Right against Exile
No citizen shall be exiled.
Article ۲۲ Right to Privacy
Except as provided by law٫ the privacy of the person٫ house٫ property٫
document٫ correspondence or information of anyone is inviolable.
Article ۲۳ Right to Constitutional Remedy
The right to proceed in the manner set forth in Article ۸۸ for the enforcement
of the rights conferred by this Part is guaranteed.
Part ۴ Directive Principles and Policies of the State
Article ۲۴ Application of Directive Principles and Policies
(۱) The principles and policies contained in this Part shall not be enforceable
in any court.
(۲) The principles and policies contained in this part shall be fundamental to
the activities and governance of the State and shall be implemented in stages
through laws within the limits of the resources and the means available in the
country.
Article ۲۵ Directive Principles of the State
(۱) It shall be the chief objectttive of the State to promote conditions of
welfare on the basis of the principles of an open society٫ by establishing a
just system in all aspects of national life٫ including social٫ economic and
political life٫ while at the same time protecting the lives٫ property and
liberty of the people.
(۲) The fundamental economic objectttive of the State shall be to transform
the national economy into an independent and self-reliant system by preventing
the available means and resources of the country from being concentrated within
a limited section of society٫ by making arrangements for the equitable
distribution of economic gains on the basis of social justice٫ by making such
provisions as will prevent economic exploitation of any class or individual٫
and by giving preferential treatment and encouragement to national enterprises٫
both private and public .
(۳) The social objectttive of the State shall be to establish and develop٫ on
the foundation of justice and morality٫ a healthy social life٫ by eliminating
all types of economic and social inequalities and by establishing harmony
amongst the various castes٫ tribes٫ religions٫ languages٫ races and
communities.
(۴) It shall be the chief responsibility of the State to maintain conditions
suitable to the enjoyment of the fruits of democracy through wider
participation of the people in the governance of the country and by way of
decentralisation٫ and to promote general welfare by making provisions for the
protection and promotion of human rights٫ by maintaining tranquility and order
in the society.
(۵) The State٫ in its international relations٫ shall be guided by the
objectttive of enhancing the dignity of the nation in the international arena
by maintaining the sovereignty٫ integrity and independence of the country.
Article ۲۶ State Policies
(۱) The State shall pursue a policy of raising the standard of living of the
general public through the development of infrastructures such as education٫
health٫ housing and employment of the people of all regions by equitably
distributing o investment of economic resources for balanced development in the
various geographical regions of the country.
(۲) The State shall٫ while maintaining the cultural diversity of the country٫
pursue a policy of strengthening the national unity by promoting healthy and
cordial social relations amongst the various religions٫ castes٫ tribes٫
communities and linguistic groups٫ and by helping in the promotion of their
languages٫ literatures٫ scripttts٫ arts and cultures.
(۳) The State shall pursue a policy of mobilising the natural resources and
heritage of the country in a manner which might be useful and beneficial to the
interest of the nation.
(۴) The State shall give priority to the protection of the environment and also
to the prevention of its further damage
due to physical development activities by increasing the awareness of the
general public about environmental cleanliness٫ and the State shall also make
arrangements for the protection of the rare wildlife٫ the forests and the
vegetation.
(۵) The State shall createee conditions for the economic progress of the
majority of the people٫ who are dependent on agriculture٫ by introducing
measures which will help in raising productivity in the agricultural sector and
develop the agricultural sector on the principles of industrial growth by
launching land reform programmes.
(۶) The State shall pursue a policy of increasing the participation of the
labour force٫ the chief socio-economic force of the country٫ in the management
of enterprises by gradually securing employment opportunities to it٫ ensuring
the right to work٫ and thus protecting its rights and interests.
(۷) The State shall pursue a policy of making the female population
participate٫ to a greater extent٫ in the task of national development by making
special provisions for their education٫ health and employment.
(۸) The State shall make necessary arrangements to safeguard the rights and
interests of children and shall ensure that they are not exploited٫ and shall
make gradual arrangements for free education.
(۹) The State shall pursue such policies in matters of education٫ health and
social security of orphans٫ helpless women٫ the aged٫ the disabled and
incapacitated persons٫ as well as ensure their protection and welfare.
(۱۰) The State shall pursue a policy which will help promote the interests of
the economically and socially backward groups and communities by making special
provisions with regard to their education٫ health٫ and employment.
(۱۱) The State shall٫ with a view to bringing about prosperity in the country٫
pursue a policy of giving priority to the development of science and technology
and shall also give due consideration to the development of local technology.
(۱۲) The State shall٫ for the purposes of national development٫ pursue a policy
of taking measures necessary for the attraction of foreign capital and
technology٫ while at the same time promoting indigenous investment.
(۱۳) The State shall pursue a policy of creating conditions for the
acceleration of the speed of rural development٫ keeping in view the welfare of
the majority of the rural population.
(۱۴) The State shall٫ in order to secure justice for all٫ pursue a policy of
providing free legal aid to indigent persons for their legal representation in
keeping with the principle of the Rule of Law.
(۱۵) The foreign policy of Nepal shall be guided by the principles of the
United Nations charrrter٫ nonalignment٫ Panchsheel٫ international law and the
value of world peace.
(۱۶) The State shall pursue a policy of making continuous efforts to
institutionalise peace for Nepal through international recognition٫ by
promoting cooperative and good relations in the economic٫ social and other
spheres on the basis of equality with neighbouring and all other countries of
the world.
Part ۵ His Majesty
Article ۲۷ His Majesty
(۱) In this Constitution٫ the words “His Majesty” mean His Majesty the King for
the time being reigning٫ being a descendant of the Great King Prithvi Narayan
Shah and an adherent of Aryan Culture and the Hindu Religion.
(۲) His Majesty is the symbol of the Nepalese nationality and the unity of the
Nepalese people.
(۳) His Majesty is to preserve and protect this Constitution by keeping in view
the best interests and welfare of the people of
Nepal.
Article ۲۸ Provision Relating to Succession to the Throne
(۱) Nothing in this Constitution shall affect the custom٫ usage and tradition
relating to the order of succession to the Throne by the descendants of His
Majesty.
(۲) His Majesty shall have the exclusive power of enacting٫ amending and
repealing the law relating to the succession to the Throne by His descendants.
Article ۲۹ Expenditures and Privileges relating to His Majesty and the Royal
Family
Expenditures and privileges relating to His Majesty and the Royal Family shall
be as determined by law:
Provided that no law shall be made havinggg the effect of reducing the
expenditures and privileges being provided by the existing law.
Article ۳۰ Income and Property of His Majesty to be Exempt from Tax and
Inviolable
(۱) The income and personal property of His Majesty shall be exempt from all
kinds of tax٫ fee or other similar charrrge.
(۲) The property of His Majesty shall be inviolable.
Article ۳۱ Question not to be Raised in Courts
No question shall be raised in any court about any act performed by His
Majesty:
Provided that nothing in this Article shall be deemed to restrict any right
under law to initiate proceedings against His Majesty”s Government or any
employee of His Majesty.
Article ۳۲ Royal Representative٫ Council of Royal Representatives٫ Regency and
Council of Regency
(۱) In this Constitution٫ any reference to His Majesty shall٫ unless the
subject or context otherwise requires٫ include reference to a Royal
Representative or Council of Royal Representatives exercising powers pursuant
to clause (۲)٫ and to a Regent or Council of Regency empowered pursuant to
Article ۳۴.
(۲) His Majesty may٫ by warrant under His Royal Seal٫ ٫ appoint any person or
council as His Royal Representative to exercise٫ subject to such conditions as
may be specified in the warrant٫ such functions as His Majesty is to perform
pursuant to this Constitution or the existing law during His Majesty”s
absence from Nepal or during any specified period. The functions exercised by
such Royal Representative within the terms and limits specified in the warrant
shall٫ for the purposes of this Constitution and existing laws٫ be deemed to
have been exercised by His Majesty.
Article ۳۳ Royal Standard and Salute
(۱) Square in shape and crimson in colour havinggg borders in white٫ the Royal
standard is traditionally comprised of a crescent moon٫ in the upper corner
near the flagstaff with eight out of sixteen rays shown in white colour٫ and a
white sun with twelve white rays in the upper corner opposite to the flagstaff٫
and a white flag showing a six-angled figure and a sword in the middle of the
standard with an upright white lion facing the flag with both its paws holding٫
and the right hind leg supporting٫ the flagstaff.
(۲) The national anthem of Nepal is the Royal salute.
Part ۶ Raj Parishad
Article ۳۴ Raj Parishad
(۱) His Majesty shall constitute a Raj Parishad٫ the functions of which shall
be as set forth in this Constitution.
(۲) The Raj Parishad shall consist of the following members:
(a) Members of the Royal Family as designated by His Majesty;
(b) Prime Minister Ex-Officio Member;
(c) Chief Justice Ex-Officio Member;
(d) Speaker of the House of Representatives Ex-Officio Member;
(e)Chairman of the National Assembly Ex-Officio Member;
(f) Chairman of the Standing Committee of the Raj Parishad Ex-Officio Member;
(g) Deputy Prime Minister Ex-Officio Member;
(h) Ministers Ex-Officio Member
(i) Leader of the opposition in the House of Representatives Ex-Officio Member;
(j) Field Marshal Ex-Officio Member;
(k) Bada Gurujyu Ex-Officio Member;
(l) Commander-in-Chief Ex-Officio Member;
(m) Mukhya Shahebjyu Ex-Officio Member;
(n) Chief Commissioner of the Commission for the Investigation of Abuse of
Authority Ex-Officio Member;
(o) Auditor-General Ex-Officio Member;
(p) Chairman of the Public Service Commission Ex-Officio Member;
(q) Chief Election Commissioner Ex-Officio Member;
(r) Attorney-General Ex-Officio Member;
(s) Mukhya Chautariya Ex-Officio Member;
(t) Principal Secretary or Secretary of His Majesty Ex-Officio Member;
(u) Chief Secretary of His Majesty”s Government Ex-Officio Member;
(v) Inspector General of Police Ex-Officio Member; and
(w) Such other members as His Majesty may designate from among persons who٫
being renowned in different fields of national life٫ or who٫ havinggg rendered
distinguished service٫ are considered fit to be members of the Raj Parishad.
(۳) Persons designated by His Majesty pursuant to sub-clause (a) and (w) of
clause (۲) shall remain members during the pleasure of His Majesty.
(۴) A meeting of the Raj Parishad shall be summoned by the command of His
Majesty٫ and shall be presided over by Him if present at the meeting. If His
Majesty is not present at the meeting٫ and if the Crown Prince has attained the
age of eighteen years٫ the meeting shall be presided over by the Crown Prince٫
such ٫ and if the Crown Prince has not attained the age of eighteen years٫ or
if He is not present٫ the meeting shall be presided over by such person as is
designated by His Majesty shall so preside٫ and if no such person has been
designated٫ by the Chairman of the Standing Committee of the Raj Parishad.
(۵) The Chairman of the Standing Committee of the Raj Parishad shall summon a
meeting of the Raj Parishad in the following circumstances and such meeting
shall be conducted under his Chairmanship:
(a) on the demise of His Majesty or if His Majesty proclaims His abdication.
(b) if at least one-fourth of the total number of members of the Raj Parishad
sign a requisition declaring that His Majesty is unable٫ by reason of mental or
physical infirmity٫ to perform his functions.
(۶) A meeting summoned under the circumstances mentioned in sub-clause (a) of
clause (۵) shall proclaim the accession to the Throne of the heir-apparent to
His Majesty in accordance with the law٫ custom and usage relating to the
succession to the Throne. It shall also proclaim the appointment of a Regent or
Council of Regency٫ subject to rules made by His Majesty٫ in case His Majesty
is below the age of eighteen years: Provided that the Regency or Council of
Regency proclaimed under this clause shall dissolve on His Majesty attaining
the age of eighteen years.
(۷) If a meeting of the Raj Parishad٫ summoned under sub-clause (b) of Clause
(۵) with the objecttt of deciding whether His Majesty is mentally or
physically incapacitated٫ passes a
resolution confirming such incapacity by a majority of two-thirds of its total
membership٫ the meeting of the Raj Parishad shall proclaim the Crown Prince to
be the Regent if He has attained the age of eighteen years٫ and in other
circumstances٫ it shall٫ subject to rules made by His Majesty٫ proclaim a
Regent or Council of Regency: Provided that the Regency or Council of Regency
proclaimed under this clause shall٫ subject to rules made by His Majesty٫
dissolve on the demise of or abdication by His Majesty٫ or on His Majesty
informing the Raj Parishad that he is fit to resume the Royal functions.
(۸) A Regent or Council of Regency proclaimed under clauses (۶) or (۷) shall
not have any power to decide or to give approval to anything which shall be
prejudicial to the interest of His Majesty or His successor.
(۹) Nothing in clauses (۶) and (۷) shall prevent the heir apparent to His
Majesty from exercising the powers of the Throne pending a proclamation to that
effect.
(۱۰) The Raj Parishad shall transact its business notwithstanding the absence
of any of its members at any meeting if: –
(a) notice of such meeting has been sent to all persons who were members on the
date of issuance of the notice; and
(b) at least one-third of the total number of members are present.
(۱۱) The Raj Parishad may make necessary rules to regulate its business. Until
such rules are made٫ its business shall be regulated by rules made by His
Majesty.
(۱۲) Members of the Raj Parishad shall take an oath in the manner as specified
by His Majesty.
(۱۳) His Majesty shall appoint the Secretary of the Raj Parishad.
(۱۴) His Majesty may٫ from among the members of the Raj Parishad٫ constitute a
Standing Committee of the Raj Parishad٫ consisting of a maximum of fifteen
members including a Chairman and the following ex-officio members:
(a) Prime Minister;
(b) Chief Justice;
(c) Speaker of the House of Representatives;
(d) Chairman of the National Assembly;
(e) Bada Gurujyu; and
(f) Commander-in-Chief.
(۱۵) The tenure of office of the Chairman and the members of the Standing
Committee of the Raj Parishad other than the ex-officio members shall be four
years from the date of appointment. Such members shall be eligible for
reappointment.
(۱۶) The office of the Chairman or a member of the Standing Committee of the
Raj Parishad shall be deemed vacant under the following circumstances: –
(a) if he dies; or
(b) if he is relieved of office by His Majesty;
(c) if his resignation submitted to His Majesty in writing is accepted by Him;
(d) if his term of office expires pursuant to clause (۱۵).
(۱۷) In order to be eligible for appointment as the Chairman or a member of the
Standing Committee of the Raj Parishad٫ a person must meet the following
requirements: –
(a) he has reached the age of fifty years;
(b) he is not disqualified under any law.
(۱۸) The functions٫ duties and power of the Standing Committee of the Raj
Parishad shall be as follows: –
(a) to submit recommendations on matters referred to it by His Majesty; and
(b) to carry out the functions relating to the Royal Family as specified by His
Majesty.
(۱۹) The Standing Committee of the Raj Parishad may٫ subject to the provisions
of this Article٫ frame necessary rules to
regulate its business. Until such time as these rules are approved by His
Majesty٫ this business shall be regulated by rules made by His Majesty.
(۲۰) The remuneration of the Chairman and the members of the Standing Committee
of the Raj Parishad shall be as fixed by His Majesty.
(۲۱) The meetings of the Standing Committee of the Raj Parishad shall be
summoned by its Chairman. During discussions on any issue at such meetings٫ any
other member of the Raj Parishad may also be invited.
(۲۲) The Secretary of the Raj Parishad shall also act as the Secretary of its
Standing Committee.
(۲۳) The members of the Standing Committee of the Raj Parishad shall take an
oath in the manner as specified by His Majesty.
Part ۷ execccutive
Article ۳۵ execccutive Power
(۱) The execccutive power of the Kingdom of Nepal shall٫ pursuant to this
Constitution and other laws٫ be vested in His Majesty and the Council of
Ministers.
(۲) Except as otherwise expressly provided as to be exercised exclusively by
His Majesty or at His discretion or on the recommendation of any institution or
official٫ the powers of His Majesty under this Constitution shall be exercised
upon the recommendation and advice and with the consent of the Council of
Ministers. Such recommendation٫ advice and consent shall be submitted through
the Prime Minister.
(۳) The responsibility of issuing general directives٫ controlling and
regulating the administration of the Kingdom of Nepal shall٫ subject to this
Constitution and other laws٫ lie in the Council of Ministers.
(۴) Except in so far as any action is to be taken in the name of His Majesty
pursuant to this Constitution and other laws٫ all other execccutive actions
shall be expressed to be taken in the name of His Majesty”s Government.
(۵) Any decision٫ order or implementation warrant to be issued in the name of
His Majesty pursuant to this Constitution and other laws shall be authenticated
in such manner as may be set forth in rules made by His Majesty at His
discretion. All other decisions٫ orders and implementation warrants to be
issued in the name of the Council of Ministers pursuant to clause (۴) above
shall be authenticated in such manner as may be set forth in rules approved by
His Majesty.
(۶) No question shall be raised in any court as to whether or not any
recommendation or advice has been given to His Majesty pursuant to this
Constitution by the Council of Ministers or any other institution or official٫
nor shall any question be raised in any court about what recommendation or
advice has been given.
Article ۳۶ Constitution of Council of Ministers
(۱) His Majesty shall appoint the leader of the party which commands a majority
in the House of Representatives as the Prime Minister٫ and shall constitute the
Council of Ministers under his chairmanship.
(۲) The Council of Ministers٫ in addition to the Prime Minister٫ shall consist
of a Deputy-Prime Minister if required and such other Ministers as may be
required.
(۳) His Majesty shall٫ upon the recommendation of the Prime Minister٫ appoint
from among the members of the Parliament٫ a Deputy-Prime Minister if required
and such other Ministers as may be required.
(۴) The Prime Minister and other Ministers shall be collectively responsible to
the House of Representatives٫ and the Ministers shall be individually
responsible for the work of their respective
Ministries to the Prime Minister and the House of Representatives.
(۵) The Prime Minister shall be relieved of his office in the following
circumstances:
(a) if his resignation submitted to His Majesty in writing is accepted by Him;
or
(b) if His Majesty relieves him of office in accordance with a no confidence
resolution passed by a majority of the total number of members of the House of
Representatives pursuant to Article ۵۹; or
(c) if he ceases to be a member of the House of Representatives; or
(d) if he dies.
(۶) The Deputy-Prime Minister or a Minister shall be relieved of his office in
the following circumstances:
(a) if his resignation submitted to His Majesty in writing through the Prime
Minister is accepted by Him; or
(b) if the Prime Minister is relieved of his office pursuant to the provisions
of clause (۵) above; or
(c) if he ceases to be a member of Parliament; or
(d) if he is relieved of office by His Majesty on the recommendation of the
Prime Minister; or
(e) if he dies.
(۷) If the Prime Minister is relieved of his office pursuant to clause (۵)٫ the
existing Council of Ministers shall continue to function until a new Council of
Ministers is constituted. Provided that His Majesty shall٫ upon the death of
the Prime Minister٫ designate either the Deputy-Prime Minister or the
seniormost Minister to act as the Prime Minister until a new Prime Minister is
appointed.
Article ۳۷ State Ministers and Assistant Ministers
(۱) His Majesty shall٫ on the recommendation of the Prime Minister٫ appoint
State Ministers from amongst the members of Parliament.
(۲) His Majesty shall٫ upon the recommendation of the Prime Minister٫ appoint
Assistant Ministers from amongst the members of Parliament to assist any
Minister in carrying out his responsibilities.
(۳) The provisions of clause (۶) of Article ۳۶ relating to Ministers shall also
be applicable to State Ministers and Assistant Ministers.
Article ۳۸ Appointment of Non-Member of Parliament as Minister
Notwithstanding anything contained in Articles ۳۶ and ۳۷٫ any person who is not
a member of either House of Parliament may be appointed Deputy-Prime Minister٫
Minister٫ State Minister or Assistant-Minister:
Provided that such Deputy-Prime Minister٫ Minister٫ State Minister or
Assistant-Minister shall be required to become a member of Parliament within
six months from the date of his appointment.
Article ۳۹ Remuneration and Other Privileges
The remuneration and other privileges of the Prime Minister٫ Deputy-Prime
Minister٫ Ministers٫ State Ministers and Assistant-Ministers shall be as
determined by an Act٫ and until so determined٫ shall be as specified in rules
made by His Majesty.
Article ۴۰ Oath
The Prime Minister٫ Deputy-Prime Minister٫ and other Ministers shall take their
oaths of office and secrecy before His Majesty٫ and the State Ministers and
Assistant-Ministers before the Prime Minister.
Article ۴۱ Conduct of Government Business
(۱) The allocation and transaction of business of His Majesty”s
Government shall be carried out as set forth in rules approved by His Majesty.
(۲) No question shall be raised in any court as to whether or not rules made
pursuant to clause (۱) above have been observed.
Article ۴۲ Special Provisions Concerning the Council of Ministers
(۱) If no one party has a clear-majority in the House of Representatives٫ His
Majesty shall appoint as Prime Minister a member who is able to command a
majority with the support of two or more parties represented in the House.
(۲) If no member is able to command a majority in the House of Representatives
even pursuant to clause (۱) above٫ His Majesty shall appoint as Prime Minister
the leader of the parliamentary party that holds the largest number of seats in
the House of Representatives.
(۳) A Prime Minister appointed pursuant to clause (۱) or (۲) above shall be
required to obtain a vote of confidence from the House of Representatives
within thirty days.
(۴) If a Council of Ministers appointed pursuant to the provisions of clause
(۲) above fails to obtain a vote of confidence from the House of
Representatives٫ His Majesty shall dissolve the House of Representatives and
issue an order for holding elections within six months.
Article ۴۳ Information to be submitted to and Recommendations to be made by His
Majesty
(۱) It shall be the duty of the Prime Minister to inform His Majesty of the
following matters:
(a) decisions of the Council of Ministers regarding the administration of the
Kingdom of Nepal٫
(b) Bills to be introduced in Parliament٫
(c) such other information as commanded by His Majesty on matters mentioned in
sub-clauses (a) and (b)٫ and
(d) the current general state of affairs of the country٫ matters concerning
peace and security in the country٫ matters of political٫ social and
administrative concerns٫ and matters concerning international relations.
(۲) His Majesty may make recommendations to٫ or appreciations of٫ or
admonitions to٫ the Council of Ministers on matters of national importance.
Part ۸ Legislature
Article ۴۴ Constitution of Legislature
There shall be a Legislature٫ to be called Parliament٫ which shall consist of
His Majesty and two Houses٫ namely the House of Representatives and the
National Assembly.
Article ۴۵ Constitution of the House of Representatives
(۱) The House of Representatives shall consist of two hundred and five members.
(۲) For the purpose of election of members to the House of Representatives٫
administrative districts shall be treated as election districts٫ and the ratio
of the number of seats allocated to any district shall be٫ so far as
practicable٫ equal to the ratio of the population of that district to the
national population as determined by the last census preceding the concerned
election; and the number of election constituencies shall be equal to the
number of seats so allocated; and one member shall be elected from each
election constituency. Provided that the number of members to be elected from
the districts shall be so determined and election constituency so delimitated
that there be elected at least one member from each district irrespective of
its population.
(۳) Unless dissolved earlier pursuant to the provisions of this Constitution٫
the term of the House of Representatives shall be five years. Provided that the
term of the House of Representative may be extended by an Act for a period not
exceeding one year during the operation of a proclamation of a State of
Emergency.
(۴) The term of the House of Representatives as extended in pursuance of the
proviso clause of clause (۳) shall ipso facto stand terminated after the expiry
of six months from the date on which the proclamation of the State of Emergency
is withdrawn.
(۵) Subject to the provisions of this Constitution٫ election to membership in
the House of Representatives shall be held on the basis of one man-one vote
through secret ballots in accordance with the provisions of law.
(۶) Every Nepali citizen who has attained the age of eighteen shall be entitled
to vote in one of the election constituencies in accordance with the provisions
of law.
(۷) Every person who is entitled to vote in the elections for the House of
Representatives may٫ subject to the provisions of Article ۴۷ and other existing
laws٫ be a candidate from any of the election constituencies.
(۸) Any vacancy in a seat occurring in the House of Representatives٫ while a
portion of its term still remains٫ shall be filled through a by-election.
(۹) Subject to the provisions of this Article٫ elections for the House of
Representatives and other matters pertaining thereto shall be regulated in
accordance with law.
Article ۴۶ Constitution of the National Assembly and the Tenure of Office of
Members
(۱) The National Assembly shall consist of sixty members as follows: –
(a) ten members to be nominated by His Majesty from amongst persons of high
reputation who have rendered prominent service in various fields of national
life٫
(b) thirty five members٫ including at least three women members٫ to be elected
by the House of Representatives in accordance with the provisions of law٫ on
the basis of the system of proportional representation by means of the single
transferable vote٫ and
(c) fifteen members٫ three from each of the Development Regions٫ to be elected
in accordance with law on the basis of the system of single transferable vote
by an electoral college consisting of the Chief and the Deputy-Chief of the
Village and Town level Local Authorities and the Chief٫ Deputy-Chief٫ and the
members of the District level Local Authorities: Provided that until elections
are held for the Local Authorities٫ such electoral college shall٫ for the first
time٫ consist of the members of the House of Representatives elected from the
concerned Development Region.
(۲) The National Assembly shall be a permanent House. The tenure of office of
one-third of its members shall expire every two years.
(۳) The tenure of office of the members of the National Assembly shall be six
years: Provided that٫ for the first time٫ after the commencement of this
Constitution٫ arrangements shall be made by drawing lots to retire one-third of
the members on the expiry of two years٫ another one-third on the expiry of four
years٫ and the final one-third on the expiry of six years.
(۴) The term of office of the members٫ including any unfilled seats٫ shall be
deemed to have started on the date on which National Assembly commences its
first session.
(۵) Vacancies of seats in the National Assembly shall be filled in the same
manner of election or nomination through which the seat of the vacating member
was filled.
(۶) If any seat of a member of the National Assembly falls vacant during his
tenure of office٫ the vacancy shall be filled in accordance with Clause (۵)٫ by
election or nomination٫ as the case may be٫ for the remainder of the term.
Article ۴۷ Qualifications for Membership
(۱) In order to become a member of Parliament any person –
(a) must be a citizen of Nepal;
(b) must have attained twenty five years of age for the House of
Representatives and thirty five years for the National Assembly;
(c) should not be disqualified under any law; and
(d) should not hold an office of profit.
Explanation: For the purpose of this sub-clause٫ “office of profit” means any
position٫ other than a political position٫ to be filled by election or
nomination for which a remuneration or economic benefit is paid out of a
Government Fund.
(۲) No person shall be a member of both Houses simultaneously.
Article ۴۸ Decision About Disqualifications of Members
If a question arises as to whether a member of Parliament is disqualified or
has ceased to possess any of the qualifications set forth in Article ۴۷٫ the
final decision shall be made by the Chief Justice of Nepal or any other Judge
of the Supreme Court designated by him.
Article ۴۹ Vacation of seat
(۱) The seat of a member of Parliament shall become vacant in the following
circumstances:
(a) if he dies; or
(b) if he resigns in writing; or
(c) if he does not or has ceased to possess the qualifications referred to in
Article ۴۷; or
(d) if his term of office expires٫ or if the term of the House in accordance
with this Constitution; or
(e) if he٫ without the leave of the concerned House٫ absents himself from
thirty consecutive meetings of the House; or
(f) if the party of which he was a member when elected provides notification in
the manner set forth by law that he has abandoned the party.
Article ۵۰ Oath
The members of each House of Parliament shall٫ before taking part for the first
time in a meeting of that House or any of its committees٫ take an oath in the
specified form.
Article ۵۱ Speaker and Deputy-Speaker of the House of Representatives
(۱) The House of Representatives shall٫ as soon as possible٫ elect a Speaker
and a Deputy-Speaker from among its members. If the office of the Speaker or
the Deputy-Speaker falls vacant٫ the House of Representatives shall fill the
vacancy through election from among its members.
(۲) The Deputy-Speaker shall٫ in the absence of the Speaker of the House of
Representatives٫ chair the House of Representatives.
(۳) If the election of the Speaker and Deputy-Speaker has not taken place٫ or
if both the positions have become vacant٫ the member of the House of
Representatives who is by age the seniormost shall preside over the meeting of
the House of Representatives.
(۴) The Office of the Speaker or the Deputy-Speaker shall become vacant in the
following circumstances:
(a) if he ceases to be a member of House of Representatives:
Provided that٫ after the dissolution of the House of Representatives٫ the
Speaker and Deputy-Speaker shall continue in office until the date of the
filing of nominations for election to the House of Representatives; or
(b) he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total number
of members in the House of Representatives to the effect that his conduct is
not compatible with his position.
۵) The Deputy-Speaker shall preside over a meeting at which deliberations are
to be held on a resolution that the conduct of
the Speaker of the House of Representatives is not compatible with his
position. The Speaker shall be entitled to take part and vote in the
deliberations on such resolution.
Article ۵۲ Chairman and Vice Chairman of the National Assembly
(۱) After the commencement of its first session٫ the National Assembly shall٫
as soon as possible٫ elect a Chairman and Vice Chairman from among its members.
If the office of the Chairman or the Vice-Chairman falls vacant٫ the National
Assembly shall fill the vacancy through election from among its members.
(۲) The Vice-Chairman shall٫ in the absence of the Chairman of the National
Assembly٫ chair the National Assembly.
(۳) If the election of the Chairman and Vice-Chairman has not taken place٫ or
if both the positions have become vacant٫ the member of the National Assembly
who is by age the seniormost shall preside over the meeting of the National
Assembly.
(۴) The office of the Chairman or the Vice-Chairman shall become vacant in the
following circumstances:
(a) if he ceases to be a member of the National Assembly; or
(b) if he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total number
of members of the National Assembly to the effect that his conduct is not
compatible with his position.
(۵) The Vice-Chairman shall preside over a meeting at which deliberations are
to be held on a resolution that the conduct of the Chairman of the National
Assembly is not compatible with his position. The Chairman shall be entitled to
take part and vote in the deliberations on such resolution.
Article ۵۳ Summoning and Prorogation of Sessions and Dissolution of the House
of Representatives
(۱) His Majesty shall summon a session of parliament within one month after the
elections to the House of Representatives are held. Thereafter٫ His Majesty
shall summon other sessions from time to time in accordance with this
Constitution. Provided that the interval between two consecutive sessions shall
not be more than six months.
(۲) His Majesty may prorogue the session of both or either of the Houses of
Parliament.
(۳) If٫ during the prorogation or recess of the House of Representatives٫
one-fourth of its members make a representation that it is appropriate to
convene a session or meeting٫ His Majesty shall specify the date and time for
such session or meeting٫ and the House of Representatives shall meet or
commence its session on the date and time thus fixed.
(۴) His Majesty may dissolve the House of Representatives on the recommendation
of the Prime Minister. His Majesty shall٫ when so dissolving the House of
Representatives٫ specify a date٫ to be within six months٫ for new elections to
the House of Representatives.
Article ۵۴ Address and Message by His Majesty
(۱) His Majesty may address either House or a joint sitting of both the Houses
of Parliament٫ and He may summon the Members for that purpose.
(۲) His Majesty shall address the first session after an election to the House
of Representatives٫ and a joint sitting of both the Houses of Parliament after
the commencement of the first session of each year.
(۳) His Majesty may send messages to either or both the Houses of Parliament.
The House receiving such message shall٫ as early as possible٫ consider the
matter mentioned in the message and submit its opinion to His Majesty.
Article ۵۵ Quorum
Except as otherwise provided in this Constitution٫ no resolution shall be
presented for decision in either House of Parliament
unless one-fourth of the total number of members of the concerned House are
present.
Article ۵۶ Restriction on Discussion
(۱) No discussion shall be held in either House of Parliament on the conduct of
His Majesty٫ Her Majesty the Queen and the heir apparent to His Majesty:
Provided that nothing in this Article shall be deemed to bar criticism of His
Majesty”s Government.
(۲) No discussion shall be held in either House of Parliament on a matter which
is under consideration in any court of Nepal.
(۳) No discussion shall be held in either House of Parliament about anything
done by a Judge in course of performance of his duties: Provided that nothing
in this clause shall be deemed to bar the expression of opinion about the
conduct of a Judge during deliberations on a resolution held pursuant to clause
(۷) of Article ۸۷.
Article ۵۷ Transaction of Business in case of Vacancy of Members
Either House of Parliament shall have the power to transact its business
notwithstanding any vacancies in the seats of its members; and no
proceedings shall become invalid even if it is subsequently discovered that a
person not entitled to take part in the proceedings of either House had
participated therein.
Article ۵۸ Voting
Except as otherwise provided in this Constitution٫ all questions submitted for
decision in either House of Parliament shall be decided by a majority vote of
the members present and voting. Normally the member presiding shall not have
the right to vote٫ but he may exercise his casting vote in the case of tie.
Article ۵۹ Vote of Confidence
(۱) The Prime Minister٫ while he holds office٫ may٫ whenever he is of the
opinion that it is necessary or appropriate to obtain a vote of confidence from
the members of the House of Representatives٫ present a resolution to that
effect in the House of Representatives.
(۲) One-fourth of the total number of members of the House of Representatives
may present in writing a no-confidence motion against the Prime Minister:
Provided that a no-confidence motion shall not be presented more than once in
the same session.
(۳) A decision on a resolution presented pursuant to clauses (۱) and (۲) shall
be made by a majority of the total number of members of the House of
Representatives.
Article ۶۰ Minister Entitled to Take Part in Both Houses
A Minister shall be entitled to attend and take part in the proceedings and
deliberations of either House of the Parliament and its committees:
Provided that he shall not be entitled to vote in a House or committee of which
he is not a member.
Article ۶۱ Penalty for Unauthorized Presence or Voting
If a person sits or votes in a meeting of either House of Parliament as a
member without taking an oath pursuant to Article ۵۰٫ or knowing that he is not
qualified for membership in the House٫ he shall٫ on order of the person
chairing the House٫ be liable to a fine of one thousand rupees for each day of
such presence or voting. The fine shall be recovered as government dues.
Article ۶۲ Privileges
(۱) Subject to the provisions of this Constitution٫ there shall be full freedom
of speech in both Houses of Parliament and no member shall be arrested٫
detained or prosecuted in any court for anything said or any vote cast in the
House.
(۲) Subject to the provisions of this Constitution٫ each House of Parliament
shall have full power to regulate its internal business٫ and it shall be the
exclusive right of the House concerned to decide whether or not any proceeding
of the House is regular. No question shall be raised in any court in this
regard.
(۳) Subject to the provisions of this Constitution٫ no comment shall be made
about the good faith concerning any proceeding of either House of Parliament
and no publication of any kind shall be made about anything said by any member
which intentionally distorts or misinterprets the meaning of the speech.
(۴) Subject to the provisions of this Constitution٫ the provisions of clauses
(۱) and (۳) shall also apply to any person٫ other than a member٫ who is
entitled to take part in a meeting of the House.
(۵) No proceedings shall be initiated in any court against any person for
publication of any document٫ report٫ vote or proceeding which is made under
authority given٫ subject to the provisions of this Constitution٫ by a House of
Parliament. Explanation: For the purposes of this clause and clauses (۱)٫ (۲)٫
(۳) and (۴)٫ the word “House” shall mean and include the committees of a House
and shall also mean a joint sitting of Parliament or a meeting of the Joint
Committee.
(۶) No member of Parliament shall be arrested between the date of issuance of
the summons for a session and the date on which that session closes: Provided
that nothing in this clause shall be deemed to prevent the arrest under any law
of any member on a criminal charrrge. If any member is so arrested٫ the
official making such arrest shall forthwith inform the person chairing the
concerned House.
(۷) Any breach of privilege of either House of Parliament shall be deemed to
constitute contempt of Parliament and the concerned House shall have the
exclusive right to decide whether or not any breach of privilege has taken
place.
(۸) If a person is in contempt of either House of Parliament٫ the Chairperson
of the concerned House may٫ after a decision by the House to that effect٫
admonish٫ warn or impose a sentence of imprisonment not exceeding three months٫
to remain effective only during the current session of the House٫ or impose a
fine of up to five thousand rupees on such person. The fine shall be recovered
as government dues:
Provided that if the person so accused submits an apology to the satisfaction
of the House٫ it may either pardon him or remit or commute the sentence imposed
on him.
(۹) Other matters relating to privileges not mentioned in this Constitution
shall be as determined by law.
Article ۶۳ Procedures relating to the Conduct of Business
(۱) Each House of Parliament shall٫ subject to the provisions of this
Constitution٫ frame rules for conducting its business٫ maintaining order during
its meetings and regulating the constitution٫ functions and procedures of the
committees or any other matter of the House or the committees. Such rules shall
come into effect upon approval by His Majesty.
(۲) Matters relating to the conduct of business of a joint sitting of
Parliament and the constitution of its Joint Committee٫ and the functions and
procedures thereof shall be in accordance with rules made by His Majesty on the
recommendation of the Speaker of the House of Representatives and the Chairman
of the National Assembly.
(۳) Until such time as rules mentioned in clauses (۱) and (۲) are made٫ matters
mentioned in those clauses shall be governed by rules made by His Majesty .
Article ۶۴ Committees
The House of Representatives may٫ by rules٫ regulate the constitution and
management of Committees on Finance٫ Public
Account٫ Human Rights٫ Foreign Relations٫ Natural Resources٫ Protection of the
Environment٫ Population and such committees on other subjects as required.
Article ۶۵ Joint-Committee
(۱) If a resolution is passed by either House demanding that of both the Houses
be constituted for the purpose of managing the working procedure between the
two Houses٫ resolving disagreements on any Bill٫ or for any other specified
function٫ a Joint-Committee thereon shall be constituted.
(۲) The Joint-Committee shall consist of up to a maximum of fifteen members in
the ratio of two-members from the House of Representatives to-one-member from
the National Assembly.
Article ۶۶ Secretariat of Parliament
(۱) His Majesty shall appoint the Secretary of the House of Representatives on
the recommendation of its Speaker٫ and the Secretary of the National Assembly
on the recommendation of its Chairman and the Secretary-General of Parliament
in consultation with both the Speaker and the Chairman.
(۲) The establishment of a Secretariat for the purpose of conducting the
business of Parliament and other matters related thereto shall be as determined
by law.
Article ۶۷ Remuneration
The remuneration and privileges of the Speaker and Deputy Speaker of the House
of Representatives٫ the Chairman and Vice-Chairman of the National Assembly and
members of Parliament shall be determined by law٫ and until so determined٫
shall be as specified by His Majesty.
Part ۹ Legislative Procedure
Article ۶۸ Procedure for Introducing a Bill
(۱) A bill may be introduced in either House of Parliament: Provided that a
Finance Bills shall be introduced only in the House of Representatives.
(۲) A Finance Bill or a Bill concerning the Royal Nepal Army or the Armed
Police Force shall be introduced only as a Government Bill. Any amendment to
such Bill may be introduced only upon the prior approval of His Majesty. Such
approval shall be obtained through the person chairing the House.
(۳) “Finance Bill” means a Bill concerning any or all of the following
subjects:
(a) the imposition٫ collection٫ abolition٫ remission٫ alteration or regulation
of taxes;
(b) the preservation of the Consolidated Fund or any other Government Fund٫ the
deposit of moneys into and the appropriation or the withdrawal of moneys from
such Funds٫ or the reduction٫ increment or cancellation of appropriations or of
proposed expenditures from such Funds;
(c) the regulation of matters relating to the raising of loans or the giving of
guarantees by His Majesty”s Government or any matter pertaining to amendment
of the laws concerning the financial liabilities undertaken or to be undertaken
by His Majesty”s Government;
(d) the custody and investment of all revenues received by any Government Fund٫
moneys acquired through the repayment of loans٫ and grant moneys; or audits
of the accounts of His Majesty”s Government; or
(e) matters directly related to the above subjects.
(۴) If any question arises whether a Bill is a Finance Bill or not٫ the
decision of the Speaker shall be final.
Article ۶۹ Procedure for Passage of Bills
(۱) A Bill passed by one House of Parliament shall be transmitted to the other
House as soon as possible and such
Bill٫ if passed by the receiving House٫ shall be presented to His Majesty for
assent.
(۲) A Finance Bill passed by the House of Representatives shall be transmitted
to the National Assembly. The National Assembly shall٫ after deliberations on
such a Bill٫ send back the Bill to the House of Representatives within fifteen
days from the date of receipt of the Bill with recommendations٫ if any.
(۳) The House of Representatives shall٫ upon deliberations on a Bill returned
with recommendations pursuant to clause (۲)٫ present it to His Majesty for
assent along with such recommendations as it may deem appropriate.
(۴) If the National Assembly does not return a Bill received pursuant to Clause
(۲) for more than fifteen days٫ the House of Representatives may present the
Bill to His Majesty for assent.
(۵) Any Bill٫ except for a Finance Bill٫ passed by the House of Representatives
and transmitted to the National Assembly shall be sent back with approval or
recommendations within two months from the date of receipt. If the National
Assembly does not return the Bill within that period٫ the House of
Representatives may٫ by a resolution passed by a majority of more than fifty
percent of the sitting members٫ present the Bill to His Majesty for assent.
(۶) If any Bill passed by one House is rejected or is passed with amendments by
the other House٫ the Bill shall be transmitted back to the House where it
originated.
(۷) If the House of Representatives٫ in considering a Bill which has been
rejected or amended by the National Assembly pursuant to clause (۶)٫ passes it
again as it was or with amendments٫ by a majority of more that fifty percent of
its sitting members٫ the Bill shall be presented to His Majesty for assent.
(۸) A Bill for which amendments have been recommended and which has been
transmitted to the National Assembly by the House of Representatives pursuant
to clause (۶) shall be presented to His Majesty for assent if the National
Assembly also passes a resolution to adopt the Bill with such amendments.
(۹) The following Bills shall be referred to a joint sitting of the two Houses
and if the joint sitting passes the Bill as it was or with amendments٫ the
House in which the Bill originated shall present it to His Majesty for assent:
–
(a) Bills which٫ though being passed by the National Assembly٫ have been
rejected by the House of Representatives; or
(b) Bills which have been returned to the National Assembly with amendments by
the House of Representatives٫ but which the National Assembly fails to pass
with such amendments.
(۱۰) If a session of a House terminates while a Bill is under consideration٫
deliberations on the Bill may continue at the succeeding session: Provided that
if any Bill introduced in the House of Representatives is under consideration٫
or if a Bill٫ havinggg been passed by that House and transmitted to the
National Assembly٫ is under consideration in the National Assembly٫ when the
House of Representatives is dissolved or its term expires٫ such Bill shall be
deemed to have lapsed.
Article ۷۰ Withdrawal of Bills
A Bill may be withdrawn by the member introducing it with the approval of the
House.
Article ۷۱ Assent on Bills
(۱) A Bill which is to be presented to His Majesty for assent pursuant to
Article ۶۹ shall be so presented by the Speaker or the Chairman of the House in
which the Bill originated after it has been duly certified by him under his
hand:
Provided that in the case of a Finance Bill٫ the Speaker shall so certify.
(۲) Upon His Majesty”s assent to any Bill that has been presented to Him
pursuant to this Article٫ both Houses shall be
informed as soon as possible.
(۳) Except for a Finance Bill٫ if His Majesty is of the opinion that any Bill
needs further deliberations٫ he may send back the Bill with His message to the
House of origin of the Bill within one month from the date of presentation of
the Bill to Him.
(۴) If any Bill is sent back with a message from His Majesty٫ it shall be
reconsidered by a joint sitting of the two Houses and if the Bill so
reconsidered is again passed as it was or with amendments٫ and it is again
presented to him٫ His Majesty shall give assent to that Bill within thirty days
of such presentation.
(۵) A Bill shall become an Act after His Majesty grants his assent to it in
accordance with this Article٫ and such assent shall be deemed to have been
granted after the Royal Seal has been affixed thereon.
Article ۷۲ Ordinance
(۱) If at any time٫ except when both Houses of Parliament are in session٫ His
Majesty is satisfied that circumstances exist which render it necessary for him
to take immediate action٫ He may٫ without prejudicing the provisions set forth
in this Constitution٫ promulgate any Ordinance as He may deem necessary.
(۲) An Ordinance promulgated under clause (۱) shall have the same force and
effect as an Act: Provided that every such Ordinance:
(a) shall be presented at the next session of both Houses of Parliament٫ and if
not passed by both Houses٫ it shall ipso facto cease to be effective;
(b) may be repealed at any time by His Majesty; and
(c) shall٫ unless rendered ineffective or repealed under sub-clause (a) or (b)٫
ipso-facto cease to have effect at the expiration of six months from its
promulgation or sixty days from the commencement of a session of both the
Houses.
Explanation: If the two Houses of Parliament meet on different dates٫ the
latter date on which a House commences its session shall be deemed to be the
date of commencement of session for the purpose of computation of time under
this clause.
Part ۱۰ Financial Procedure
Article ۷۳ No Tax to be Levied or Loan to be Raised Except in Accordance with
Law
(۱) No tax shall be levied and collected except in accordance with law.
(۲) No loan shall be raised or guarantee be given by His Majesty”s
Government except in accordance with law.
Article ۷۴ Consolidated Fund
Except the revenues of religious endowments٫ all revenues received by His
Majesty”s Government٫ all loans raised on the security of revenues and all
moneys received in repayment of any loan made under the authority of any Act
shall٫ unless otherwise provided by an Act٫ be credited to a Government Fund to
be known as the Consolidated Fund.
Article ۷۵ Expenditures From the Consolidated Fund or a Government Fund
No expenditure shall be incurred out of the Consolidated Fund or any other
Government Fund except the following: –
(a) moneys charrrged on the Consolidated Fund;
(b) moneys required to meet the expenditure under an Appropriation Act;
(c) advance moneys authorised by an Act required to meet expenditures٫ when an
Appropriation Bill is under consideration; or
(d) -expenditures to be incurred in extraordinary circumstances under a Vote of
Credit Act which contains only a descriptttion of expenditures: Provided that
matters relating to the Contingency Fund shall be governed in accordance with
the provisions of
Article ۸۲.
Article ۷۶ Expenditure charrrgeable on the Consolidated Fund
The expenditures related to the following matters shall be charrrged on the
Consolidated Fund and yearly approval of Parliament for these expenditures
shall not be required: –
(a) the amount provided by the Act relating to expenditures on the Royal
Family;
(b) the amount required as remuneration٫ privileges and pension payable to the
Chief Justice of Nepal and other Judges of the Supreme Court;
(c) the amount required as remuneration and privileges payable to the following
officials: –
(۱) the Speaker and Deputy-Speaker of the House of Representatives;
(۲) the Chairman and Vice-Chairman of the National Assembly;
(۳) the Chairman and members of the Standing Committee of the Raj Parishad;
(۴) the Chief Commissioner and other Commissioners of the Commission for the
Investigation of the Abuse of Authority;
(۵) the Auditor-General;
(۶) the Chairman and members of the Public Service Commission; and
(۷) the Chief Election Commissioner and other Election Commissioners.
(d) the administrative expenses of the Supreme Court٫ the Raj Parishad٫ the
Commission for the Investigation of the Abuse of Authority٫ the Department of
the Auditor-General٫ the Public Service Commission and the Election Commission;
(e) all charrrges relating to debts for which His Majesty”s Government is
liable;
(f) any sum required to satisfy any judgment or decree of a court against His
Majesty”s Government; and
(g) any sum declared by law to be charrrgeable on the Consolidated Fund.
Article ۷۷ Estimates of Revenues and Expenditures
(۱) His Majesty shall٫ in respect of every financial year٫ cause to be laid
before a joint sitting of Parliament an annual estimate including the following
matters: –
(a) an-estimate of revenues;
(b) the moneys required to meet the charrrges on the Consolidated Fund; and
(c) the moneys required to meet the expenditure to be provided for by an
Appropriation Act.
(۲) The annual estimate to be presented pursuant to clause (۱) above should be
accompanied by a statement of the expenses allocated to each Ministry in the
previous financial year and particulars of whether the objectttives of the
expenses have been achieved.
Article ۷۸ Appropriation Act
The moneys required to meet the expenditure-to be provided for by any
Appropriation Act shall be specified under appropriate heads in an
Appropriation Bill.
Article ۷۹ Supplementary Estimates
(۱) His Majesty shall٫ in respect of any financial year٫ cause to be laid
before the House of Representatives a supplementary estimate if it is found –
(a) that the sum authorised to be spent for a particular service by the
Appropriation Act for the current financial year is insufficient٫ or that a
need has arisen for expenditures upon new services not provided for by the
Appropriation Act for that year; or
(b) that the expenditures made during that financial year are in excess of the
amount authorised by the Appropriation Act.
(۲) The sums included in the supplementary estimates shall be specified under
separate heads in a Supplementary Appropriations Bill.
Article ۸۰ Votes of Credit
(۱) Notwithstanding anything contained in this Part٫ a portion of the
expenditure estimated for the financial year may٫ when an Appropriation Bill is
under consideration٫ be incurred in advance by an Act.
(۲) A Vote on Account Bill shall not be submitted until the estimates of
revenues and expenditures have been presented in accordance with the provisions
of Article ۷۷ and the amounts involved in the Vote on Account shall not exceed
one-third of the estimate of expenditures for the financial year.
(۳) The expenditures incurred in accordance with the Vote on Account Act shall
be included in the Appropriation Bill.
Article ۸۱ Votes of Credit
Notwithstanding anything contained in this Part٫ if owing a local or national
emergency due to either natural cause٫ a threat of external aggression or
internal disturbances٫ or other reasons٫ His Majesty is of the opinion that it
is impractical or inexpedient in view of the security or interest of the State
to specify the details required under Article ۷۷٫ He may cause to be laid
before the House of Representatives a Vote of Credit Bill giving only a
descriptttion of the proposed expenditures.
Article ۸۲ Contingency Fund
An Act may createee a Contingency Fund into which shall be paid from time to
time such moneys as may be determined by law. Such Fund shall be under the
control of His Majesty”s Government٫ and any unforeseen expenditures shall
be met out of such Fund by His Majesty”s Government. The amount of the
expenditures so met shall be reimbursed as soon as possible by an Act.
Article ۸۳ Act Relating to Financial Procedure
Matters relating to the transfer of moneys appropriated from one head to
another and other financial procedures shall be regulated by an Act.
Part ۱۱ Judiciary
Article ۸۴ Courts to Exercise Powers Related to Justice
Powers relating to Justice in the Kingdom of Nepal shall be exercised by courts
and other judicial institutions in accordance with the provisions of this
Constitution٫ the laws and the recognized principles of justice.
Article ۸۵ Courts of Kingdom of Nepal
(۱) Courts in the Kingdom of Nepal shall consist of the following three tiers:
(a) Supreme Court٫
(b) Appellate Court; and
(c) District Court.
(۲) In addition to the Courts referred to in clause (۱) above٫ the law may also
establish special types of courts or tribunals for the purpose of hearing
special types of cases: Provided that no special court or tribunal shall be
constituted for the purpose of hearing a particular case.
Article ۸۶ Supreme Court
(۱) The Supreme Court shall be the highest court in the judicial hierarchy. All
other courts and judicial institutions of Nepal٫ other than the Military Court٫
shall be under the Supreme Court. The Supreme Court may inspect٫ supervise and
give directives to its subordinate courts and other judicial institutions.
(۲) The Supreme Court shall be a Court of Record. It may initiate proceedings
and impose punishment in accordance with law for contempt of itself and of its
subordinate courts or judicial institutions.
(۳) The Supreme Court shall٫ in addition to the Chief Justice of Nepal٫ consist
of up to a maximum of fourteen other Judges. If at any time٫ the number of
existing Judges becomes insufficient due to an increase in the number of cases
in the Supreme Court٫ ad hoc Judges may be appointed for a fixed term.
Article ۸۷ Appointment٫ Qualifications and conditions of Service of Judges of
the Supreme Court
(۱) His Majesty shall appoint the Chief Justice of Nepal on the recommendation
of the Constitutional Council٫ and other Judges of the Supreme Court on the
recommendation of the Judicial Council. The tenure of office of the Chief
Justice shall be seven years from the date of appointment.
(۲) the Supreme Court for at least five years is eligible for appointment as
Chief Justice.
(۳) Any person who has worked as a Judge of an Appellate Court or in any
equivalent post of the Judicial Service for at least ten years٫ or has
practised law for at least fifteen years as a law graduate advocate or senior
advocate٫ or who is a distinguished jurist who has worked for at least fifteen
years in the judicial or legal field is eligible for appointment as a Judge of
the Supreme Court.
Explanation: For the purpose of this clause٫ services rendered prior to the
commencement of this Constitution as a Judge of a Regional Court or Zonal Court
shall be deemed as service rendered in an Appellate Court.
(۴) If the office of the Chief Justice becomes vacant٫ or the Chief Justice is
unable to carry out the duties of his office due to illness or any other
reason٫ or he cannot be present in office due to a leave of absence or his
being outside of Nepal٫ His Majesty may designate the seniormost Judge to act
as the Acting-Chief Justice.
(۵) The Chief Justice or any other Judge of the Supreme Court shall hold office
until he attains the age of sixty five years.
(۶) The Chief Justice or any other Judge of the Supreme Court may٫ by
submitting to His Majesty his resignation in writing٫ resign his office at any
time.
(۷) The Chief Justice or any other Judge of the Supreme Court shall be removed
from his office if٫ for reasons of incompetence٫ misbehaviour or failure to
discharrrge the duties of his office in good faith٫ the House of
Representatives٫ by a two-thirds majority of the total number of its members٫
passes a resolution for his removal and the resolution is approved by His
Majesty.
(۸) The Chief Justice or any other Judge of the Supreme Court charrrged
pursuant to clause (۷) shall be given a reasonable opportunity to defend
himself٫ and for this purpose٫ the House of Representatives may constitute a
Committee of Inquiry consisting of its members and legal experts for the
purposes of recording the statement of the Judge٫ collecting evidence and
submitting its findings. The working procedure of the Committee shall be
determined by law.
(۹) The Chief Justice or the Judge of the Supreme Court against whom
impeachment proceedings are being initiated pursuant to clause (۷) shall not
perform his duties until the proceedings are final.
(۱۰) Except as otherwise provided for in this Constitution٫ the remuneration٫
allowances٫ leave٫ pension٫ gratuities and other conditions of service of the
Chief Justice and other Judges of the Supreme Court shall be regulated by law.
(۱۱) The remuneration٫ privileges and other conditions of service of Chief
Justice and other Judges of the Supreme Court shall not be altered to their
disadvantage.
(۱۲) Any person once who has once held the office of Chief Justice or Judge of
the Supreme Court shall not be eligible for appointment in any Government
Service٫ nor shall he be entitled to practice law before any office or court.
Provided that nothing in this clause shall be deemed to be a bar to his
appointment to a political position٫ to a position concerning judiciary inquiry
or to a position in which his responsibility extends to giving his advice٫
opinions and recommendations on the basis of study٫ research and investigation
in the field of justice or law.
(۱۳) The Chief Justice may٫ on the recommendation of the Judicial Council٫
appoint a retired-Judge of the Supreme Court or any person who is qualified to
be appointed Judge of the Supreme Court pursuant to this Article٫ as an ad hoc
Judge for a fixed term. The ad hoc Judge thus appointed shall٫ in carrying out
his duties in the capacity of Judge٫ be entitled to remuneration٫ allowances٫
leave and transportation facilities similar to that of a Judge of the Supreme
Court. Provided that the Chief Justice shall obtain prior approval from His
Majesty before making an appointment under this clause.
Article ۸۸ Jurisdiction of the Supreme Court
(۱) Any Nepali citizen may file a petition in the Supreme Court to have any law
or any part thereof declared void on the ground of inconsistency with this
Constitution because it imposes an unreasonable restriction on the enjoyment of
the fundamental rights conferred by this Constitution or on any other ground٫
and extraordinary power shall rest with the Supreme Court to declare that law
as void either ab initio or from the date of its decision if it appears that
the law in question is inconsistent with the Constitution.
(۲) The Supreme Court shall٫ for the enforcement of the fundamental rights
conferred by this Constitution٫ for the enforcement of any other legal right
for which no other remedy has been provided or for which the remedy even though
provided appears to be inadequate or ineffective٫ or for the settlement of any
constitutional or legal question involved in any dispute of public interest or
concern٫ have the extraordinary power to issue necessary and appropriate orders
to enforce such rights or to settle the dispute. For these purposes the Supreme
Court may٫ with a view to imparting full justice and providing the appropriate
remedy٫ issue appropriate orders and writs including habeas corpus٫ mandamus٫
certiorari٫ Prohibition and quo warranto: – Provided that:
(a) the Supreme Court shall not be deemed to have power under this clause to
interfere with the proceedings and decisions of the Military Court except on
the ground of absence of jurisdiction or on the ground that a proceeding has
been initiated against٫ or punishment given to٫ a non-military person for an
act other than an offence relating to the Army.
(b) except on the ground of absence of jurisdiction٫ the Supreme Court shall
not interfere under this clause with the proceedings and decisions of
Parliament concerning penalties imposed by virtue of its Privileges.
(۳) The Supreme Court shall have original and appellate jurisdiction as defined
by law.
(۴) The Supreme Court may review its own judgment or final orders subject to
the conditions and in the circumstances prescribed by law.
(۵) If His Majesty wishes to have an opinion of the Supreme Court on any
complicated legal question of interpretation of this Constitution or of any
other law٫ the Court shall٫ upon consideration on the question٫ report to His
Majesty its opinion thereon.
(۶) Other powers and procedures of the Supreme Court shall be as prescribed by
law.
Article ۸۹ Establishment and Management of Appellate Courts and District Courts
The establishment٫ management and jurisdiction of the Appellate Courts٫
District Courts and other courts subordinate to the Supreme Court shall be
determined by law subject to this Constitution.
Article ۹۰ Qualifications for Judges of Appellate Courts and District Courts
(۱) Any person who is a Nepali citizen shall be eligible for appointment as
Chief Judge or other Judge of an Appellate Court if he٫ havinggg a
Bachelor”s Degree in law٫ has worked as a District Judge or worked in any
other equivalent post for a period of at least seven years; or has practised
law for a least ten years as a law graduate advocate or senior advocate٫ or has
taught law or done research thereon or has worked in any other field of law or
justice for at least ten years.
(۲) A person who is a Nepali citizen٫ who has a Bachelor”s Degree in law٫
and has worked for at least four years as a second class gazetted officer in
the Judicial Service is eligible for appointment as a District Judge:
Provided that nothing herein shall prevent the continuance or the reappointment
of the Judges who at the commencement of this Constitution are working as
Judges.
(۳) Unless the subject or context otherwise requires٫ the word “Judge” as
mentioned in this Article and ensuing Articles٫ shall mean and include an
Additional Judge.
Article ۹۱ Appointment and Conditions of Service of the Judges of Appellate
Courts and District Courts
(۱) His Majesty shall٫ on the recommendation of the Judicial Council٫ appoint
any Chief Judge and Judges of the Appellate Courts and any Judges of the
District Courts: Provided that His Majesty may delegate His authority to the
Chief Justice for the appointment of the District Judges to be made on the
recommendation of the Judicial Council.
(۲) The Chief Justice may transfer a Judge of an Appellate or District Court
from one court to another on the recommendation of the Judicial Council.
(۳) If the Judicial Council recommends that a Chief Judge or any other Judge of
an Appellate Court or any Judge of a District Courts be removed from his office
for reasons of incompetence٫ misbehaviour or failure to carry out the duties of
his office in good faith٫ or if it recommends that it is necessary and
expedient to initiate proceedings against such Judge in accordance with law for
reasons of misbehaviour٫ and if such recommendation is accepted by His Majesty٫
such Chief Judge or Judge shall be so removed from his office or proceedings
will be initiated against him in accordance with law: Provided that the Chief
Judge or any other Judge who is facing such charrrge shall be given a
reasonable opportunity to defend himself before the said recommendation is made
and for this purpose٫ the Judicial Council shall cause an investigation to be
made by a Committee of Inquiry under the Chairmanship of Judge of the Supreme
Court for the purposes of recording the statement of the Judge٫ collecting
evidence and submitting its findings.
(۴) A Chief Judge or a Judge of an Appellate Court٫ or a Judge of a District
Court may٫ by submitting to His Majesty his resignation in writing٫ resign his
office.
(۵) A Chief Judge and other Judges of an Appellate or District Court shall
continue to hold office until the age of sixty-three.
(۶) The remuneration٫ allowances٫ leave٫ pension٫ gratuities or other
privileges and other conditions of service of a Chief Judge and other Judges of
an Appellate or District Court shall be as determined by law.
(۷) The remuneration٫ privileges and conditions of service of a Chief Judge and
other Judges of an Appellate Court or District Court shall not be altered to
their disadvantage.
Article ۹۲ Judges not to be Transferred to٫ or Engaged in٫ any other Assignment
A Judge shall not be transferred to٫ or engaged in٫ or deputed to٫ any work
except that of a Judge. Provided that His Majesty may٫ in consultation with the
Judicial Council٫ depute for a specified period a Judge of the Supreme Court or
a Chief Judge of any Appellate Court to work concerning judicial inquiry٫ to
legal or judicial investigation or research٫ or to any other work of national
concern. With regard to other Judges of the Appellate Courts and District
Courts٫ the Chief Justice may٫ in consultation with the Judicial Council٫
depute them to the above works٫ including election works.
Article ۹۳ Judicial Council
(۱) There shall be a Judicial Council to make recommendations and give advice
in accordance with this Constitution concerning the appointment of٫ transfer
of٫ disciplinary action against٫ and dismissal of Judges٫ and other matters
relating to judicial administration٫ which shall consist of the following as
its Chairman and members: –
(a) the Chief Justice٫ ex-officio Chairman٫
(b) the Minister of Justice٫ ex-officio member٫
(c) the two seniormost Judges of the Supreme Court٫ ex-officio members; and
(d) one distinguished jurist to be nominated by His Majesty.
(۲) Notwithstanding anything contained in clause (۱) above٫ if it becomes
necessary for the Judicial Council to consider any matter relating to a Judge
who is a member of the Council or to make a recommendation to His Majesty about
such Judge٫ the Judge next in seniority shall take part as a member.
(۳) The term of office and privileges of the member referred to in sub-clause
(d) of clause (۱) shall be as prescribed by His Majesty.
(۴) The powers and duties of the Judicial Council other than those referred to
in clause (۱) shall be as prescribed by law.
(۵) The Judicial Council may frame rules to regulate its business. Such rules
shall become effective upon approval by His Majesty.
Article ۹۴ Judicial Service Commission
(۱) In appointing٫ transferring or promoting Gazetted Officers of the Judicial
Service or taking departmental action concerning such officer in accordance
with law٫ His Majesty”s Government shall act on the recommendationof the
Judicial Service Commission.
Provided that His Majesty”s Government shall consult the Public Service
Commission for the purpose of permanent recruitment to gazetted posts of the
Judicial Service from persons who are not already in the Government Service or
from persons being promoted from non-gazetted to gazetted posts within the
Judicial Service.
(۲) The Judicial Service Commission shall consist of the following as its
Chairman and members: –
(a) the Chief Justice٫ ex-officio Chairman;
(b) the Minister of Justice٫ ex-officio member;
(c) the Seniormost Judge of the Supreme Court٫ ex-officio member;
(d) the Chairman of the Public Service Commission٫ ex-officio member; and
(e) the Attorney-General٫ ex-officio member.
(۳) Other powers٫ duties and procedures of the Judicial Service Commission
shall be as determined by law.
Article ۹۵ Duty to Extend Cooperation
It shall be the duty of His Majesty”s Government and the offices and
officials subordinate to His Majesty”s Government to act in aid of the
Supreme Court and other courts in carrying out the functions of dispensing
justice.
Article ۹۶ Orders and Decisions of the Courts to be Binding
(۱) All shall abide by the orders and decisions made in the course of hearing
of a suit by courts.
(۲) Any interpretation given to a law or any legal principle laid down by the
Supreme Court in the course of hearing of a suit shall be binding on His
Majesty”s Government and all offices and courts.
Part ۱۲ Commission for the Investigation of Abuse of Authority
Article ۹۷ Commission for the Investigation of Abuse of Authority
(۱) There shall be a commission to be called the Commission for the
Investigation of Abuse of Authority of the Kingdom of Nepal consisting of a
Chief Commissioner and such other Commissioners as may be required. If apart
from the Chief Commissioner other Commissioners are appointed٫ the Chief
Commissioner shall act as Chairman of the Commission for the Investigation of
Abuse of Authority.
(۲) His Majesty shall٫ on the recommendation of the Constitutional Council٫
appoint the Chief Commissioner and other Commissioners.
(۳) The term of office of the Chief Commissioner and other Commissioners shall
be six years from the date of appointment. They shall be eligible for
reappointment: Provided that: –
(a) if before the expiry of his term٫ the Chief Commissioner or a Commissioner
attains the age of sixty five٫ he shall retire.
(b) The Chief Commissioner or a Commissioner may be removed from his office on
the same grounds and in the same manner as has been set forth for the removal
of a Judge of the Supreme Court.
(۴) The office of the Chief Commissioner or a Commissioner shall be deemed
vacant under the following circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by Him;
or
(c) if pursuant to clause (۳) his term expires or he is removed Article from
his office (۵) No person shall be eligible to be appointed as the Chief
Commissioner or a Commissioner unless he
(a) holds a Bachelor”s Degree from a university recognised by His
Majesty”s Government;
(b) is not a member of any political party immediately before appointment;
(c) has at least ten years experience in the field of either law٫ accounting٫
revenue٫ construction٫ development or research٫ and is a distinguished person;
and
(d) has attained the age of forty five.
(۶) The remuneration and other conditions of service of the Chief Commissioner
and the Commissioners shall be as determined by law. The remuneration and other
conditions of service of the Chief Commissioner and the Commissioners shall
not٫ so long as they hold office٫ be altered to their disadvantage.
(۷) A person once appointed as the Chief Commissioner or Commissioner shall not
be eligible for appointment in other Government Service: Provided that: –
(a) nothing in this clause shall be deemed to be a bar to appointment of a
Commissioner of the Commission for the Investigation of Abuse of Authority as
its Chief Commissioner٫ and when a Commissioner is so appointed as the Chief
Commissioner٫ his term of office shall be computed as to include his term as
Commissioner.
(b) nothing in this clause shall be a bar to appointment to any position of a
political nature٫ or to any position which has the responsibility of making
investigations٫ inquiries or findings on any subject٫ or to any position which
has the responsibility of submitting advice٫ opinions or recommendations after
carrying
out studies or research on any subject.
Article ۹۸ Functions٫ Duties and Powers of the Commission for the Investigation
of Abuse of Authority
(۱) the Commission for the Investigation of Abuse of Authority may٫ in
accordance with law٫ conduct or cause to be conducted inquiries into٫ and
investigations of٫ improper conduct or corruption by a person holding any
public office:
Provided that the Commission for the Investigation of Abuse of Authority shall
not have jurisdiction over the following officials: –
(a) any official in relation to whom this Constitution itself separately
provides for such action; and
(b) any official to be prosecuted under the Army Act.
(۲) If the Commission for the Investigation of Abuse of Authority finds٫ upon
inquiry or investigation carried-out pursuant to clause (۱)٫ that any person
holding any public office has misused his authority by improper conduct٫ it may
admonish such person٫ or forward a recommendation to the concerned authority in
writing for taking departmental or any other necessary action.
(۳) If the Commission for the Investigation of Abuse of Authority finds٫ upon
inquiry or investigation carried-out pursuant to clause (۱)٫ that a person
holding any public office has committed an act which is defined by law as
corrupt٫ it may bring or cause to be brought an action against such person or
any other person involved therein in a court with jurisdiction in accordance
with law.
(۴) Subject to this Constitution٫ other functions٫ duties٫ powers and
procedures of the Commission for the Investigation of Abuse of Authority shall
be as determined by law.
(۵) The Commission for the Investigation of Abuse of Authority may delegate any
of its powers٫ functions and duties relating to the inquiry٫ investigation or
bringing actions٫ to the Chief Commissioner٫ a Commissioner or any employee of
His Majesty”s Government to be exercised and complied with subject to the
specified conditions.
(۶) The Commission for the Investigation of Abuse of Authority shall submit an
annual report to His Majesty on the works it has performed in accordance with
this Constitution. His Majesty shall cause such report to be laid before
Parliament.
Part ۱۳ Auditor-General
Article ۹۹ Auditor-General
(۱) There shall be an Auditor-General of the Kingdom of Nepal who shall be
appointed by His Majesty on the recommendation of the Constitutional Council.
(۲) The term of office of the Auditor-General shall be six years from the date
of appointment. He shall be eligible for reappointment: Provided that: –
(a) if before the expiry of his term٫ the Auditor-General attains the age of
sixty five٫ he shall retire.
(b) he may be removed from his office on the same grounds and in the same
manner as has been set forth for the removal of a Judge of the Supreme Court.
(۳) The office of the Auditor-General shall be deemed vacant in the following
circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by Him;
or
(c) if pursuant to clause (۲) his term expires or he is removed from his
office.
(۴) No person shall be eligible to be appointed as the Auditor-General unless
he: –
(a) holds a Bachelor”s Degree from a university recognized by His
Majesty”s Government;
(b) has worked for at least five years as a special class officer
of His Majesty”s government or has-experience in the field of accounting of
not less than fifteen years;
(c) is not a member of any political party immediately before appointment;
and
(d) has attained the age of forty five.
(۵) The remuneration and other conditions of service of the Auditor-General
shall be as determined by law. The remuneration and other conditions of service
of the Auditor-General shall not٫ so long as he holds office٫ be altered to his
disadvantage.
(۶) A person once appointed to the office of the Auditor-General shall not be
eligible for appointment in other Government Service:
Provided that nothing in this Clause shall be a bar to appointment to any
position of a political nature٫ or to any position which has the responsibility
of making investigations٫ inquiries or to any position which has the
responsibility of submitting advice٫ opinions or recommendations after carrying
out studies or research on any subject.
Article ۱۰۰ Functions٫ Duties and Powers of the Auditor-General
(۱) The accounts of the Supreme Court٫ the Parliament٫ the Raj Parishad٫ the
Commission for the Investigation of Abuse of Authority٫ the Office of the
Auditor-General٫ the Public Service Commission٫ the Election Commission٫ other
offices of the Constitutional Bodies٫ the Royal Nepal Army and the Nepal
Police٫ and all other government offices and courts shall be audited by the
Auditor-General in the manner as determined by law٫ with due consideration
given to the regularity٫ economy٫ efficiency٫ effectiveness and the propriety
thereof.
(۲) The Auditor-General shall be consulted in the matter of appointment of
auditors for carrying out the audit of any corporate body of which His
Majesty”s Government owns more than fifty percent of the shares or the
assets. The Auditor-General may also issue necessary directives setting forth
the principles for carrying out the audit of such corporate bodies.
(۳) The Auditor-General and his assistants shall٫ at all times٫ have access to
documents concerning the accounts for the purpose of carrying out the functions
stipulated in clause (۱) above. It shall be the duty of the concerned office to
provide all such documents or information which may be demanded by the
Auditor-General or his assistants.
(۴) The accounts to be audited pursuant to clause (۱) above shall٫ subject to
the relevant law٫ be maintained in such form as prescribed by the
Auditor-General.
(۵) In addition to the accounts of the offices referred to in clause (۱) above٫
the law may also require that the accounts of any other office or institution
be audited by the Auditor-General.
(۶) The Auditor-General shall submit an annual report to His Majesty on the
works he has performed. His Majesty shall cause such report to be laid before
Parliament.
Part ۱۴ Public Service Commission
Article ۱۰۱ Public Service Commission
(۱) There shall be a Public Service Commission of the Kingdom of Nepal
consisting of a Chairman and such number of other members as may be required.
(۲) His Majesty shall٫ on the recommendation of the Constitutional Council٫
appoint the Chairman and other members of the Public Service Commission.
(۳) At least fifty percent of the total number of the members of the Public
Service Commission shall be appointed from persons who have worked for ten or
more than ten years in any government office٫ and the rest of the members shall
be
appointed from persons٫ who have done research٫ investigation٫ teaching or any
other significant work in such as like science٫ art٫ literature٫ law or any
other sphere of national life and who hold a high reputation.
(۴) The term of office of the Chairman and the members of the Public Service
Commission shall be six years from the date of appointment. They shall be
eligible for reappointment: Provided that: –
(a) if before the expiry of his term٫ the Chairman or a member of the Public
Service Commission attains the age of sixty five٫ he shall retire.
(b) the Chairman and the members of the Public Service Commission may be
removed from their offices on the same grounds and in the same manner as has
been set forth for removal of a Judge of the Supreme Court.
(۵) The office of the Chairman or a member of the Public Service Commission
shall be deemed vacant in the following circumstances: –
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by Him;
or
(c) if pursuant to clause (۴) his term expires or he is removed from his
office.
(۶) No person shall be eligible to be appointed as the Chairman or a member of
the Public Service Commission unless he:
(a) holds a Post Graduate Degree from a university recognised by His
Majesty”s Government;
(b) is not a member of any political party immediately before appointment;
and
(c) has attained the age of forty five.
(۷) The remuneration and other conditions of service of the Chairman and the
members of the Public Service Commission shall be as determined by law. The
remuneration and other conditions of service of the Chairman and the members of
the Public Service Commission shall not٫ so long as they hold office٫ be
altered to their disadvantage.
(۸) Any person once appointed to the office of the Chairman or a member of the
Public Service Commission shall not be eligible for appointment in other
Government Service: Provided that: –
(a) nothing in this clause shall be a bar to appointment of a member of the
Public Service Commission as Chairman thereof٫ and when a member is so
appointed as the Chairman٫ his term of office shall be computed as to include
his term as member; and
(b) nothing in this clause shall be a bar to appointment to any position of a
political nature٫ or to any position which has the responsibility of submitting
advice٫ opinions or recommendations after carrying out studies or research on
any subject.
Article ۱۰۲ Functions٫ Duties and Powers of the Public Service Commission
(۱) It shall be the duty of the Public Service Commission to conduct
examinations for the selectttion of suitable candidates to be appointed to
Civil Service posts.
Explanation: For the purposes of this Article٫ all services and positions in
His Majesty”s Government shall be deemed included within the Civil Service٫
except Army Officers and Soldiers٫ the service and positions of Police
Personnel٫ and such other services and positions as are excluded from the Civil
Service or positions by any law.
(۲) Permanent appointment to any position in the Civil Service which carries
the benefit of pension shall not be made except in consultation with the Public
Service Commission.
(۳) The Public Service Commission shall be consulted on the following subjects:
–
(a) matters concerning the law relating to the conditions of service of the
Civil Service;
(b) the general principles to be followed in the course of appointment to٫
promotion to٫ and departmental action concerning the Civil Service or
positions;
(c) matters concerning the suitability of any candidate for appointment to a
Civil Service position for a period of more than six months;
(d) matters concerning the suitability of any candidate for transfer or
promotion from one service to another within the Civil Service or from any
other Government Service to the Civil Service;
(e) matters concerning the permanent transfer or promotion of any employee٫
working in any position of an organisation which is not required to consult
with the Public Service Commission on matters of appointment٫ to any position
for which consultation with the Public Service Commission is required; and
(f) matters relating to departmental actions proposed against any Civil
Servant.
(۴) Notwithstanding anything contained in clause (۳)٫ matters falling within
the purview of the Judicial Service Commission pursuant to Article ۹۴ of this
Constitution shall be governed by that Article.
(۵) The Public Service Commission may delegate any of its functions٫ duties and
powers to any of its members٫ a committee of such members or any employee of
His Majesty”s Government٫ to be exercised and complied with subject to the
specified conditions.
(۶) Subject to this Constitution٫ other functions٫ duties and working
procedures of the Public Service Commission shall be as regulated by law.
(۷) Each year٫ the Public Service Commission shall submit to His Majesty an
annual report on the works it has performed. His Majesty shall cause such
report to be laid before Parliament.
Part ۱۵ Election Commission
Article ۱۰۳ Election Commission
(۱) There shall be an Election Commission of the Kingdom of Nepal consisting of
a Chief Election Commissioner and such number of other Commissioners as may be
required. If apart from the Chief Election Commissioner other Election
Commissioners are appointed٫ the Chief Election Commissioner shall act as the
Chairman of the Election Commission.
(۲) His Majesty shall٫ on the recommendation of the Constitutional Council٫
appoint the Chief Election Commissioner and other Election Commissioners.
(۳) The term of office of the Chief Election Commissioner and other Election
commissioners shall be six years from the date of appointment. They shall be
eligible for reappointment: Provided that: –
(a) if before the expiry of his term٫ the Chief Election Commissioner or an
Election Commissioner attains the age of sixty five٫ he shall retire.
(b) The Chief Election Commissioner and other Election Commissioners may be
removed from their offices on the same grounds and in the same manner as has
been set forth for removal of a Judge of the Supreme Court.
(۴) The office of the Chief Election Commissioner or an Election Commissioner
shall be deemed vacant in the following circumstances: –
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by Him;
or
(c) if pursuant to clause (۳) his term expires or he is removed from his
office.
(۵) No person shall be eligible to be appointed as the Chief Election
Commissioner or an Election Commissioner unless he:
(a) holds a Bachelor”s Degree from a university recognised by His
Majesty”s Government;
(b) is not a member of any political party immediately before appointment;
and
(c) has attained the age of forty five.
(۶) The remuneration and other conditions of service of the Chief Election
Commissioner and the Election Commissioners shall be as determined by law. The
remuneration and other conditions of service of the Chief Election Commissioner
and the Election Commissioners shall not٫ so long as they hold office٫ be
altered to their disadvantage.
(۷) A person once appointed to the office of the Chief Election Commissioner or
an Election Commissioner shall not be eligible for appointment in other
Government Service: Provided that: –
(a) nothing in this clause shall be a bar to appointment of an Election
Commissioner as Chief Commissioner٫ and when a Commissioner is so appointed as
the Chief Commissioner٫ his term of office shall be computed as to include his
term as Commissioner.
(b) nothing in this clause shall be a bar to appointment to any position of a
political nature٫ or to any position which has the responsibility of making
investigations٫ inquiries or findings on any subject٫ or to any position which
has the responsibility of submitting advice٫ opinions or recommendations after
carrying out studies or research on any subject.
Article ۱۰۴ Functions٫ Duties and Powers of the Election Commission
(۱) The Election Commission shall٫ subject to the provisions of this
Constitution and other laws٫ conduct٫ supervise٫ direct and control the
elections to Parliament and Local Authorities at the village٫ town and district
levels. For these purposes٫ the Election Commission shall prepare the electoral
rolls of voters.
(۲) If٫ after nominations for election to Parliament have been filed but before
the election is completed٫ a question arises whether a candidate is
disqualified or has ceased to possess the qualifications set forth in Article
۴۷٫ final decision thereon shall be made by the Election Commission.
(۳) The Election Commission may delegate any of its functions٫ duties and
powers to the Chief Election Commissioner٫ a Commissioner or any employee of
His Majesty”s Government to be exercised and complied with subject to the
specified conditions.
(۴) Subject to this Constitution٫ other functions٫ duties and working
procedures of the Election Commission shall be as regulated by law.
Article ۱۰۵ Election Constituency Delimitation Commission
(۱) His Majesty shall٫ on the recommendation of the Constitutional Council٫
constitute an Election Constituency Delimitation Commission. The tenure of the
Commission shall be as specified by His Majesty.
(۲) After determining the number of seats in the House of Representatives for
each district pursuant to Article ۴۵٫ The Election Constituency Delimitation
Commission shall delimitate the constituencies in districts havinggg more than
one seat; and in so delimitating the constituencies٫ the Commission shall
give due consideration to the boundaries٫ the geographical conditions٫ the
density of population٫ the transportation facilities٫ and the communal
homogeneity or heterogeneity of the local residents in the administrative
districts.
(۳) No question shall be raised in any court on matters of allocation of seats
to a district and the delimitation of constituencies made by the Election
Constituency Delimitation
Commission pursuant to clause (۲).
(۴) The remuneration and privileges of the Chairman and the members of the
Election Constituency Delimitation Commission shall be similar to those of the
Chief Election Commissioner and the Election Commissioners respectively.
(۵) Subject to this Constitution٫ other functions٫ duties and working
procedures of the Election Constituency Delimitation Commission shall be as
regulated by law.
Article ۱۰۶ Election Court
Petitions concerning elections shall be entertained by a court prescribed by
law.
Article ۱۰۷ Restriction on Court Interference in Matters Relating to Elections
Notwithstanding anything contained in other Articles of this Constitution٫
unless a petition is filed in the manner prescribed by law in the court
prescribed under Article ۱۰۶٫ no question shall be raised in any court
regarding any election to the membership of Parliament.
Article ۱۰۸ His Majesty”s Government to Provide Necessary Employees to the
Election Commission
His Majesty”s Government shall provide such necessary employees and other
things as may be required to carry out the functions of the Election Commission
in accordance with this Constitution.
Part ۱۶ Attorney-General
Article ۱۰۹ Appointment of Attorney-General
(۱) There shall be an Attorney-General of the Kingdom of Nepal to be appointed
by His Majesty on the recommendation of the Prime Minister. The
Attorney-General shall hold office during the pleasure of His Majesty.
(۲) No person shall be eligible to being appointed as Attorney-General unless
he is qualified to be appointed as a Judge of the Supreme Court.
(۳) The office of the Attorney-General shall be deemed vacant under the
following circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by Him;
or
(c) if he is relieved of his office by His Majesty on the recommendation of the
Prime Minister.
(۴) The remuneration and other conditions of service of the Attorney-General
shall be as determined by law.
Article ۱۱۰ Functions٫ Duties and Powers of the Attorney-General
(۱) The Attorney-General shall be the Chief Legal Advisor to His Majesty”s
Government. It shall be the duty of the Attorney-General to give opinions and
advice on constitutional and legal matters to His Majesty”s Government and
such other authorities as His Majesty”s Government may specify.
(۲) The Attorney-General or officers subordinate to him shall represent His
Majesty”s Government in suits wherein the rights٫ interests or concerns of
His Majesty”s Government are involved. The Attorney-General shall have the
right to make the final decision as to whether or not to initiate proceedings
in any case on behalf of His Majesty”s Government in any court or judicial
authority.
(۳) In addition to the functions٫ duties and powers referred to in clauses (۱)
and (۲)٫ other functions٫ duties and powers of the Attorney-General shall be as
specified in this Constitution or other laws.
(۴) In the course of discharrrging his official duties٫ the Attorney-General
shall have the right to appear in any court٫ office or authority of the Kingdom
of Nepal.
(۵) The Attorney-General may delegate his functions٫ duties and powers under
this Article to his subordinates٫ to be exercised
and complied with subject to the specified conditions.
(۶) Each year٫ the Attorney-General shall submit an annual report to His
Majesty”s Government on the works performed by him in accordance with this
Constitution and other laws٫ including a statement about crimes committed in
the Kingdom of Nepal and His Majesty”s Government shall cause the report to
be laid before Parliament.
Article ۱۱۱ Right to Appear in Parliament
The Attorney-General shall have the right to appear and express his opinion on
any legal question in either House٫ any of their committees or the Joint
Session of Parliament: Provided that he shall not have the right to vote.
Part ۱۷ Political Organisations
Article ۱۱۲ Prohibition on the Imposition of Restrictions on Political
Organisations or Parties
(۱) Persons who are committed to common political objectttives and programmes
shall٫ subject to laws made under proviso (۳) of clause (۲) of Article ۱۲ of
this Constitution٫ be entitled to form and operate political organisations or
parties of their choice and to generate or cause to be generated publicity in
order to secure support and cooperation from the general public for their
objectttives and programmes٫ and to carry out any other activity for this
purpose. Any law٫ arrangement or decision which restricts any of such
activities shall be inconsistent with this Constitution and shall be void.
(۲) Any law٫ arrangement or decision which allows for participation or
involvement of only a single political organisation or party or persons
havinggg a single political ideology in the elections or in the political
system of the country shall be inconsistent with this Constitution and shall be
void.
(۳) The Election Commission shall withhold recognition from any political
organisation or any party formed either with the objectttives mentioned in
clause (۲) above or on the basis of religion٫ community٫ caste٫ tribe or
region.
Article ۱۱۳ Registration Required for Securing Recognition for the purpose of
Contesting Elections as a Political Organisation or Party
(۱) Any political organisation or party wishing to secure recognition from the
Election Commission for the purposes of elections٫ shall be required to
register its name with the office of the Election Commission in accordance with
the procedure as determined by the Commission. A petition so submitted for
registration shall contain clear information about the name of the concerned
political organisation or party٫ the names and addresses of the members of its
execccutive committee or any such other committee and such petition shall be
accompanied by the rules and manifesto of the organisation or the party.
(۲) Political organisations and parties shall be required to fulfill٫ in
addition to the matters contained in this Part٫ the following conditions in
order to qualify for registration pursuant to clause (۱) above:
(a) the constitution and rules of the political organisation or party must be
democratic;
(b) the constitution or the rules of the organisation or party must provide for
election of office bearers of the organisation or party at least once every
five years;
(c) must have complied with the provisions of Article ۱۱۴; and
(d) must have secured a minimum of three percent of the total votes cast in the
election to the House of Representatives:
Provided that the terms and conditions mentioned in this sub-clause shall not
apply to the contesting of the first election to the House of Representatives
held pursuant to this Constitution.
Explanation: If any candidate belonging to a party which has secured less than
three percent of the total votes cast is elected
to the House of Representatives٫ such person shall be deemed to be an
independent not belonging to an organisation or party.
(۳) The Election Commission shall not register any political organisation or
party if any Nepali citizen of is discriminated against in becoming a member on
the basis of religion٫ caste٫ tribe٫ language or sex or if the name٫
objectttives٫ insignia or flag is of such a nature that it is religious or
communal or tends to fragment the country.
Article ۱۱۴ Woman Candidates
For the purposes of elections to the House of Representatives٫ at least five
percent of the total number of candidates contesting an election from any
organization or party must be women candidates.
Part ۱۸ Emergency Power
Article ۱۱۵ Emergency Power
(۱) If a grave crisis arises in regard to the sovereignty or integrity of the
Kingdom of Nepal or the security of any part thereof٫ whether by war٫ external
aggression٫ armed rebellion or extreme economic disarray٫ His Majesty may٫ by
Proclamation٫ declare or order a State of Emergency in respect of the whole of
the Kingdom of Nepal or of any specified part thereof.
(۲) Every Proclamation or Order issued under clause (۱) above shall be laid
before a meeting of the House of Representatives for approval within three
months from the date of issuance.
(۳) If a Proclamation or Order laid for approval pursuant to clause (۲) is
approved by a two-thirds majority of the House of Representatives present at
that meeting٫ such Proclamation or Order shall continue in force for a period
of six months from the date of issuance.
(۴) If a Proclamation or Order laid for approval pursuant to clause (۲) is not
approved pursuant to clause (۳)٫ such Proclamation or Order shall be deemed
ipso facto to cease to operate.
(۵) Before the expiration of the period referred to in clause (۳)٫ if a meeting
of the House of Representatives٫ by a majority of two-thirds of the members
present٫ passes a resolution to the effect that circumstances referred to in
clause (۱) above continue to exist٫ it may extend the period of the
Proclamation or Order of the State of Emergency for one other period٫ not
exceeding six months as specified in such resolution٫ and the Speaker shall
inform His Majesty of such extension.
(۶) During a dissolution of the House of Representatives٫ the National Assembly
shall exercise the powers of the House of Representatives for the purposes of
clauses (۲)٫ (۳)٫ (۴) and (۵) above.
(۷) After the State of Emergency has been declared pursuant to clause (۱)٫ His
Majesty may issue such Orders as are necessary to meet the exigencies. Orders
so issued shall be operative with the same force and effect as law so long as
the State of Emergency is in operation.
(۸) His Majesty may٫ at the time of making a Proclamation or Order of a State
of Emergency pursuant to clause (۱)٫ suspend sub-clauses (a)٫ (b)٫ (d) and (e)
of clause (۲) of Article ۱۲٫ clause (۱) of Article ۱۳ and Articles ۱۵٫ ۱۶٫ ۱۷٫
۲۲ and ۲۳ of this Constitution for as long as the Proclamation is in operation:
Provided that the right to the remedy of habeas corpus under Article ۲۳ shall
not be suspended.
(۹) In circumstances where His Majesty has suspended any Article of this
Constitution pursuant to clause (۸)٫ no petition may lie٫ nor question be
raised in any court for the enforcement of the fundamental right conferred by
such Article.
(۱۰) If٫ during the continuance of a Proclamation or Order under clause (۱)٫
any damage is inflicted upon any person by an
act of any official which was done in contravention of law or in bad faith٫ the
affected person may٫ within three months from the date of termination of the
Proclamation or Order٫ file a petition for compensation for the said damage and
if the court finds the claim valid٫ it shall cause compensation to be
delivered.
(۱۱) A Proclamation or Order of a State of Emergency issued pursuant to clause
(۱) may be revoked by His Majesty at any time during its continuance.
Part ۱۹ Amendment of the Constitution
Article ۱۱۶ Amendment of the Constitution
(۱) A bill to amend or repeal any Article of this Constitution٫ without
prejudicing the spirit of the Preamble of this Constitution٫ may be introduced
in either House of Parliament: Provided that this Article shall not be subject
to amendment.
(۲) If each House٫ with a two-thirds majority of its total membership
attending٫ passes a Bill introduced pursuant to clause (۱) by a majority of at
least two-thirds of the members present٫ the Bill shall be submitted to His
Majesty for assent; and His Majesty may٫ within thirty days from the date of
submission٫ either grant assent to such Bill or send the Bill back for
reconsideration with His message to the House where the Bill originated.
(۳) A Bill sent back by His Majesty pursuant to clause (۲) above shall be
reconsidered by both Houses of Parliament; and if both the Houses٫ upon
following the procedures referred to in clause (۲)٫ resubmit the Bill in its
original an amended form to His Majesty for assent٫ His Majesty shall grant
assent to such Bill within thirty days of such submission.
Part ۲۰ Miscellaneous
Article ۱۱۷ Constitutional Council
(۱) There shall be a Constitutional Council٫ for making recommendations in
accordance with this Constitution for appointment of officials to
Constitutional Bodies٫ which shall consist of the following as Chairman and
members:
(a) the Prime Minister Chairman;
(b) the Chief Justice Member;
(c) the Speaker of the House of Representatives Member;
(d) the Chairman of the National Assembly Member; and
(e) the Leader of the Opposition in the House of Representatives Member.
(۲) For the purpose of recommendation of an appointment of the Chief Justice٫
the Constitutional Council shall include among its members the Minister of
Justice and a Judge of the Supreme Court.
(۳) The functions٫ duties and powers of the Constitutional Council shall be as
determined by this Constitution and other laws.
(۴) The Constitutional Council constituted pursuant to clause (۱) shall have
the power to regulate its working procedures on its own.
Article ۱۱۸ Provisions Regarding the Royal Nepal Army
(۱) There shall be a National Defence Council of Nepal consisting of the
following as Chairman and members: –
(a) the Prime Minister Chairman;
(b) the Defence Minister Member٫ and
(c) the Commander-in-Chief Member.
(۲) His Majesty shall operate and use the Royal Nepal Army on the
recommendation of the National Defence Council.
(۳) The establishment and management of the Royal Nepal Army٫ and other matters
relating thereto٫ shall be as determined by law.
(۴) The National Defence Council shall have the power to regulate its working
procedures on its own.
Article ۱۱۹ Supreme Command of the Royal Nepal Army and Appointment of the
Commander-in-Chief
(۱) His Majesty is the Supreme Commander of the Royal Nepal Army.
(۲) His Majesty shall appoint the Commander-in-Chief of the Royal Nepal Army on
the recommendation of the Prime Minister.
Article ۱۲۰ Royal Nepalese Ambassadors and Emissaries
(۱) His Majesty shall appoint the Royal Nepalese Ambassadors.
(۲) His Majesty may designate a Royal Representative for representing Him on
special occasion٫ and may appoint a Special Emissary for a specified purpose.
Article ۱۲۱ Provisions Regarding Employees of the Royal Palace
Matters relating to the conditions of service of the employees of the Royal
Palace including those of appointment٫ dismissal٫ salary٫ allowances٫ leave and
pension shall be as determined by rules made by His Majesty at his discretion.
Article ۱۲۲ Pardons
His Majesty shall have the power to grant pardons and to suspend٫ commute or
remit any sentence passed by any court٫ special court٫ military court or by any
other judicial٫ quasi-judicial or administrative authority or institution.
Article ۱۲۳ Titles٫ Honours and Decorations
(۱) The titles٫ honours or decorations to be conferred on behalf of the state
shall be conferred by His Majesty.
(۲) No citizen of Nepal shall٫ without the approval of His Majesty٫ accept any
title٫ honour or decoration from the government of any country.
Article ۱۲۴ Constitution of the Civil Service
His Majesty”s Government may٫ in order to run the administration of the
country٫ constitute services as may be required. The constitution٫ operation
and conditions of service thereof shall be as determined by an Act.
Article ۱۲۵ Provisions Regarding Citizenship of Officials of the Constitutional
Bodies
In order to be eligible for appointment to constitutional positions under this
Constitution٫ a person must either be a citizen of Nepal by birth or descent٫
or be a person who٫ as a naturalised citizen٫ has resided in Nepal for at least
ten years.
Article ۱۲۶ Ratification of٫ Accession to٫ Acceptance of or Approval of Treaty
or Agreements
(۱) The ratification of٫ accession to٫ acceptance of or approval of treaties or
agreements to which the Kingdom of Nepal or His Majesty”s Government is to
become a party shall be as determined by law.
(۲) The laws to be made pursuant to clause (۱) shall٫ inter alia٫ require that
the ratification of٫ accession to٫ acceptance of or approval of treaties or
agreements on the following subjects be done by a majority of two-thirds of the
members present at a joint sitting of both Houses of Parliament: –
(a) peace and friendship;
(b) defence and strategic alliance;
(c) boundaries of the Kingdom of Nepal; and
(d) natural resources٫ and the distribution of their uses.
Provided that out of the treaties and agreements referred to in sub-clauses (a)
and (d)٫ if any treaty or agreement is of an ordinary nature٫ which does not
affect the nation extensively٫ seriously٫ or in the long term٫ the ratification
of٫ accession to٫ acceptance of or approval of such treaty or agreement may be
done at a meeting of the House of Representatives by a simple majority of the
members present.
(۳) After the commencement of this Constitution٫ unless a treaty
or agreement is ratified٫ acceded to٫ accepted or approved in accordance with
this Article٫ it shall not be binding on His Majesty”s Government or the
Kingdom of Nepal.
(۴) Notwithstanding anything contained in clauses (۱) and (۲)٫ no treaty or
agreement shall be concluded that is detrimental to the territorial integrity
of the Kingdom of Nepal.
Article ۱۲۷ Power to Remove Difficulties
If any difficulty arises in connection with the implementation of this
Constitution٫ His Majesty may issue necessary Orders to remove such difficulty
and such Orders shall be laid before Parliament.
Part ۲۱ Transitional Provisions
Article ۱۲۸ Provisions Regarding The Council of Ministers
(۱) The Council of Ministers existing at the commencement of this Constitution
shall be deemed to have been constituted under this Constitution.
(۲) If٫ for any reason the Council of Ministers referred to in clause (۱) is
dissolved٫ His Majesty shall constitute a new Council of Ministers consisting
of representatives from the main political parties.
(۳) A Council of Ministers constituted under clause (۲) above shall consist of
a Prime Minister and٫ on his recommendation٫ other Ministers٫ State Ministers
and Assistant Ministers as may be required.
Article ۱۲۹ Making of Laws until the First Session of Parliament
After the commencement of this Constitution٫ His Majesty shall have the power
to enact laws as required on the recommendation and advice٫ and with the
consent of the Council of Ministers until the commencement of the first session
of Parliament.
Article ۱۳۰ Provisions Regarding Constitutional Bodies and Officials thereof
Appointed Pursuant to the Constitution of Nepal (۱۹۶۲)
(۱) The Constitutional Bodies and officials thereof subsisting at the
commencement of this Constitution٫ but which are not reestablished under this
Constitution٫ shall cease to subsist after the commencement of this
Constitution; and the officials working in the Constitutional Bodies which
continue to subsist in accordance with this Constitution shall stand relieved
of their offices if not reappointed within nine months of the commencement of
this Constitution:
Provided that His Majesty may٫ if necessary٫ relieve any constitutional
official before the expiry of the said period.
(۲) The Council of Ministers shall exercise the functions٫ duties and powers of
the Constitutional Council until the commencement of the first session of
Parliament after the elections held in accordance with this Constitution.
(۳) Pending the making of arrangements as to the Appellate Courts pursuant to
Article ۸۹٫ the Zonal Courts and Regional Courts constituted under the Judicial
Administration Reforms Act٫ ۱۹۷۵ shall remain in operation as they were٫ and
the Judges working in those courts shall continue to hold their positions.
(۴) The District Courts existing at the commencement of this Constitution
shall٫ until otherwise provided by law٫ continue to subsist٫ and the Judges
working in those Courts shall continue to hold their positions until a
different arrangement is made.
(۵) Petitions and complaints pending in the Prevention of Abuse of Authority
Commission shall be transferred to the Commission for the Investigation of
Abuse of Authority.
(۶) Cases which are pending in the Prevention of Abuse of Authority Commission
shall be transferred to the Central Regional Court existing under clause (۳)٫
and the Regional Court shall decide those cases in accordance with the existing
law.
(۷) Appeals٫ and petitions relating thereto pending in the Prevention of Abuse
of Authority Appellate Court shall be transferred to the Supreme Court and the
Supreme Court shall decide those appeals and petitions in accordance with the
existing law.
(۸) Petitions registered with the Judicial Committee in accordance with law and
pending therein shall be transferred to the Supreme Court after the
commencement of the Constitution٫ and if the Supreme Court deem appropriate٫ it
shall٫ in exercising its power of review٫ decide those petitions.
Article ۱۳۱ Existing Laws to Remain in Operation
All laws in force at the commencement of this Constitution shall remain in
operation until repealed or amended:
Provided that laws inconsistent with this Constitution shall٫ to the extent of
inconsistency٫ ipso-facto cease to operate one year after the commencement of
this Constitution.
Part ۲۲ Definitions and Interpretation
Article ۱۳۲ Definitions and Interpretation
(۱) Unless the subject or context otherwise requires٫ in this Constitution: –
(a) “Article” means an Article of this Constitution;
(b) “Nepal” means the Kingdom of Nepal;
(c) “Citizen” means a citizen of Nepal;
(d) “Bill” means a draft of an Act which has been introduced in Parliament;
(e) “Petition” means a document bearing the signature of the petitioner;
(f) “Remuneration” means and includes salary٫ allowances٫ pension and any other
forms of emoluments.
(۲) Unless the subject or context otherwise requires٫ the Nepal Law
Interpretation Act٫ ۱۹۵۳ shall٫ subject to the provisions of this Constitution٫
apply to the interpretation of this Constitution in the same manner as that law
applies to the interpretation of the laws of Nepal.
Part ۲۳ Short Title and Commencement
Article ۱۳۳ Short Title and Commencement
(۱) This Constitution may be called “The Constitution of The Kingdom of Nepal٫
۲۰۴۷ (۱۹۹۰).”
(۲) This Constitution shall come into force on Friday the twenty-third day of
the month of Kartik of the year ۲۰۴۷ Bikram Sambat (November ۹٫ ۱۹۹۰).